VC ^APR 24 1882 

~"'0F WISCONSIN 




BELATING TO 



COMMOI^ SCHOOLS, 

INCLUDING FREE HIGH SCHOOLS ; 



ALSO, THOSE RELATING TO 



NORMAL SCHOOLS AND THE TJNIYERSITY. 



COMPILED PROM THE EEVISED STATUTES OF 1878, AND THE LAWS OF 
1879 AND 1880, AND PUBLISHED IN PUESUANCE OF LAW, 



UNDEB THE DIBECTIpN OF 

WILLIAM C. WHITFORD, 

State Sicferitiiendent. 



MADISON, WIS.: 
DAVID ATWOOD, STATE PEINTBB. 

1880. 



LAWS OF 1882 



RELATING TO 



PUBLIC SCHOOLS. 



E^^This sheet is folded and trimmed so that it may be inserted in the 
School Code. If fastened there, with a little mucilage or paste, it will be 
less liable to get mislaid or lost. 



David Atwood, State Printer. 




AMENDED SCHOOL LAWS OF 1882. 



Office of State Superintendent, 

Madison, Wis., April 3, 1883. 
It is the wish of the state superintendent to call the attention of all inter- 
ested in and ofBcially coanected with the schools of Wisconsin to the impor- 
tant changes made in the school laws by the last legislature. To this end a 
copy of all laws passed in relation to this subject is given below. 
The changes embraced in these laws are in regard to the following matters: 

1. Reports by school officers. 

a. District Clerks. 

b. Town Clerks. 

c. County Superintendents. 

d. Secretaries of town boards of school directors. 

2. Time of holding annual school meetings. 

3. Joint school districts. 

a. Alteration of boundaries. 

b. Appeals. 

4. Extension of time within which certain free high schools shall receive 

state aid. 

5. Securing to children the benefits of an elementary education. (Compulsory 

attendance.) 

6. Life certificates for teachers in certain cases. 

A package of these amendments is sent to each town clerk, who will keep 
one copy for his own office, and distribute the others to the district clerks. 
If in any case not enough are sent to supply them all, more will be sent, on 
application. 

The packages are sent to the address of town clerks now on file in this 
office. Where a new clerk is elected, the out-going clerk will please turn the 
package over to his successor. 

ROBERT GRAHAM, 

State Superintendejit. 



CHAPTER 22. 

An Act to extend the time within which certain free high schools shall be entitled to state 

aid now provided. 

The people of the state of Wisccnsin, represented in senate and assembly, do enact as 
follows : 

Section 1. Any high school district which shall have established and maintained a free 
high school according to the laws of this state and which shall continue so to maintain 
such free high school, shall be entitled to receive the state aid now provided by law, for the 
period of five years from and after the time when such stale aid would otherwise expire. 
Such state aid shall be obtained, certified and paid in the manner now provided by law. 

Section 3. This; act shall take effect and be in force from and after its passage and pub- 
lication. 



[Published March 14, 188;2.] 

CHAPTER 69. 

An Act to amend section 425 of the revised statutes, relative to annual school meetings. 

The people of the state of Wisconsin, represented in senate and assembly, do enact as 
follows : 

Section 1, Section 425 of the revised statutes is hereby amended so as to read as follows: 
Section 425. The'annual meeting in all school districts in this state shall be held on the 
first Monday of June in each year. The hour of such meeting shall be seven o'clock in the 
afternoon unless otherwise provided by a vote of the district, duly recorded, at the last pre- 
vious annual meeting. It shall be the duty of the district board of each school district in 
this state to meet on the Saturday immediately preceding the first day of June in each 
year, aad carefully examine the accounts of the treasurer, and make up a full and itemized 
report of all receipts and expenditures since the last annual meeting; the amount in the 
hands of the treasurer, or the amount of deficit for which the district is liable, and the esti- 
mated sum which will be required to be raised by taxes for the support of the school for 
the ensuing year, and the amount required to pay the interest or principal of any loan due or 
to become due during such year; which report shall be submitted in writing at the annual 
meeting, and recorded at length, with the action of the meeting thereon, by the clerk, with 
the records of the proceedings of the annual meeting. All school district officers whose 
term of office would expire at the time of the holding of annual meetings ni the years 1882, 
1883 and lt^84 shall continue to hold the respective offices to which they have been elected 
until the time of holding the annual meeting in the years 188;3, 1884 and 1885. and at the 
annual meetings held as provided in this section during the years last mentioned, succes- 
sors to such incumbents, whose terms of office would otherwise have expired in the months 
of August or September, 1882, 1883 or 1884, shall be elected for the full term ol three years 
for each office thus expiring. 

Section 2. This act shall take effect and be in force from andafter its passage and pub- 
lication. 

Approved March 10, 1882. 

By this act the school officers whose terms of office would have otherwise 
expired in August or September, will continue to hold the offices until the 
annual meeting in Jnne, 1883, and so those those expiring in August or Sep- 
tember of each of the two following years, will hold the offices until the 
annual meeting in June following the year in which tlieir terms would other- 
wise expire. 

The term of officers of graded schools of two or more departments which 
would end in July, 1882, expire on the first Monday in June, 1883. 

School boards are required to meet on Saturday preceding the first day in 
June and settle with treasurer and prepare account for annual meeting. 

[Published March 14, 1882] 

CHAPTER 72. 

An Act to amend sections 462, 463, 464 and 537 of revised statutes, relating to reports re- 
quired to be made by school officers. 

The jieople of the state of Wisconsin, represented m senate and asstmbly, do enact as 
follows : 

Section 1. Section 462 of the revised statutes is hereby amended so as to read as fol- 
lows : Section 462. It shall be the duty of the district clerk, between the tenth and fifteenth 
days of June in each year, to make and transmit to the town, city or village clerk, a written 
report, dated on the tenth day ol June of such year, signed by him and verified by his 
affidavit, showing: 

1. The number of children, males and female, designated separately, over the age of four, 
and under twenty years, residing in the district, and the names of their parents, or other 
persons with whom such children resided, respectively, on the last day of May preceding. 

2. The whole number of children, males and females, designated separately, between the 
ages of four and twenty years, taught in the district school during the year for which such 
report is made, by teachers duly qualified. 

3. The number attending school during the year under the age of four, and the number 
over the age of twenty years. 

4. The whole time in days, any common school has been taught in the district, including 
holidays, and the whole number of days. Including holidays, such school has been taught 
by teachers qualified according to law. 

5. The names of all teachers employed during the year; the number of days taught by 
each, including holidays, and the monthly \vages paid to each; and the time allowed any 
teacher for attendance on any institute for which no wages were deducted. 



6, The amount of money received from the town treasurer, the amountfrom district taxes, 
and the amount received from all other sources during the yehr, and the manner in which 
the same has been expended, showing separately the expenditure of school money received 
from the state. 

T. The kind of books used in the school. 

8. Such other facts and statistics ii. relation to the schools, public or private, in such dis- 
trict as the state superintendent my from time to time require. The clerk of each joint 
school district shall report to the town clerk ol each town, a pait of which is embraced in 
such district, the number of children residing in such part, in the manner set forth in this 
flection, and the remainder of the items specified in this section shall be embraced in the 
report made to the town m which the school house is situated. 

Sections. Section 46.S of the revised statutes is hereby amended so as to read as fol- 
lows: Section 463. Each town clerk shall, between the tenth and fll'teenth days of July in 
each year, make and transmit to the county superintendent of the county or district in 
which his town is situiited, a report bearing date on the tenth day of said month, stating: 

1. The whiile number of school districts separately set off within the town, and the num- 
ber of parts ol joint districts, in which the school houses belonging thereto are located la 
his town. 

2. The districts and parts of districts from which reports shall have been made, within 
the time limited for that purpose. 

3. The length of time a .■tchool shall have been taught in each of such districts or parts of 
districts . 

4. The amount of public money received in each. 

6. The mumbcr of children taught i:i each, and the nitmber of children over the age of 
four Hnd under the age of twenty years residing in each. 

6. The whole amount of money received in the town for school purposes, since the date 
of the last preceding report, setting I'orih separately the amount received from the slate 
through the county treasurer. The amount levied by the county board, and the amount 
raised by the town at its annual meeting. 

7. The amount of money raised by district tax for school purposes. 

8. The manner in which said moneys have been expended, and whether any, and what 
part, remains unexpended, with such other information as the state superintendent may 
require, and as may be reported to him by the district clerks. 

Section 3. Section 4ti4 of the revised statutes is hereby amended so as to read as fol- 
lows: Section 464. Each county superintendent shall, on or beiore the fifteenth day of Au- 
gust in each year, make and tiaiismit to the state supeiintendent a report in writing, setting 
forth the whole number of towns ill his district, distinguishing those from which the re"- 
quired reports have been made lo him by the town clerks, and containing an abstract of 
their reports, and also embracing an abstract ot the annual report of the secretary of each 
free high school in such district, and file a copy of such report in the office of the county 
clerk, and also within the time above mentioned make and deliver to the county treasurer a 
■written statement of the whole number of children m each town over the age of four and 
under the age of twenty years, returned from districts which have maintained schools for 
five or more months during the past year, as appears from the re^iorts of town clerks. 

Section 4, Section 5:57 of the revised statutes is hereby amended so as to read as fol- 
lows: Section oS7. It shall be the duty of the secretary, on or before the fifteenth day of 
August In each year, to make and transmit to the county superintendent a report in writing, 
bearing date on the fifteentn d;iy of August, in the year of its transmission, stating: 

1. The whole number of sub-districts, and parts of sub-districts, separately set off within 
the town. 

2. The length of time a school shall have been taught in each of said sub-districts or parts 
of districts. 

3. The number of children taught in each, and the number of children over the age of 
four, and under the ageot twenty years, residing in each. 

4. The whole amount of money received in the town for school purposes, since the date 
of the last preceding report, setting forth separately the amount received from the state 
through the county treasurer, the amount levied by the county board, and the amount 
raised by the town at its annual town meeting or general election. 

5._ The manner in which said money has been expended, ( nd whether any or what part re- 
mains unexpended, with such other informbtion as the state superintendent may from time 
to time requi. e. 

Section 5. This act shall take effect and be in force from and alter its passage and publi- 
cati( n. 

Approved Maich 10, 1883. 

(1) It will be seen that the annual report of district clerk to town clerk 
must be made between the tenth and fifteenth days of June in each year, 
dated June 10th. 

(2) The school census must be taken between the first and tenth of June, 
giving number of children in district May 31st. 

(3) The town clerk must make his report to county superintendent between 
the tenth and fifteenth days of July in each year. 

(4) The county superintendents must make annual report to state superin- 
tendent on or before the fifteenth day of August in each year. 

(5) Secretaries of boards of directors, townshiii system, must make report 



to county superintendent on or before the fifteenth day of August in each year. 
It is recommended that the secretary make report between the tenth and 
fifteenth days of July. 

CHAPTER 280. 

An Act relating to the boundaries of joint scliool districts, and to authorize appeals in 

certain cases. 

The people of the slate of Wisconsin represented tn senate and assembly do enact as fol- 
lows : 

Section 1. Whenever an application in writing, for an alteration to be made in the boun- 
daries of any joint t^chool district, signed by not less than one third of the lawful voters 
residiijg in the districts to be affected by the proposed alteration, shall be presented to the 
chairman of supervisors of the town in which the school house of such joint district may 
be situated, such chairman shall thereupon lis a time for the joint meeting of the town 
hoards of the towns in which such joint school district may be situated, wtiich time shall 
not be less than ten nor more than twenty days after the presentation to him of such appli- 
cation. He shall also cause a notice of the time and place of such meeting to be given to 
. each supervisor cnt tied to be present thereat, which notice shall be served at least five days 
prior to the date tixed lor such meeting. Such meeting shall he held at the school house 
in such joint district unless some other convenient pT^ace shall be designated in the notice 
therefor. 

Section 3. If the chairman of supervisors to whom such application shall be presented, 
shall neelect or refuse to flx the time, or to give notice for the meeting of the town boards 
as provided in the fijst section of this act, or if the said supervisors or a majority thereof 
of any town in which a part of said joint district may be situated, shall neglect or refuse to 
be presentat such meeting; or, being present, shall neglect or refuse to hear and decide 
npon such application, the application shall be deemed denied, and an appeal may be had 
therefrom in the same manner and with the like effect as in other cases of denial. 

Section 3. The provisions of sections 418, 4i9, 42i and 497 of the revised statutes, shall 
BO far as may be applicable, apply to proceedings under this act. 

Section 4. This act shall take eftect and be in force from and after its passage and pub- 
lication. 

This act authorizes appeals to be taken in cases where town boards neglect 
or refuse to act upon petition for alteration of boundaries of joint school dis- 
tricts, and prescribes the time within which the meeting of the town boards 
shall be called and held. 

CHAPTER 298. 

An Act to amend chapter 1-21, laws of 1879, entitled an act to secure to children the benefits 
of an elementary education. 

The people of the state of Wisconsin, represented in senate and assembly, do enact as 
follows : 

Section 1. Section 2 of chapter 121, laws of 1879, is hereby repealed and the following is 
BUbstiiuted therefor: Section 2. The school board or the board of education after havintj 
given notice, as now required by law for special school meetings, shall meet at the school 
house in their respective districts, or at some other place to be designated in such notice, on 
the first Monday of t^eptember in each year or svithin l.'i days thereafter, for the purpose of 
hearing causes for the non-attendance upon the public school of all children in such dis- 
tricts between the ages of seven and fifteen years, and all parents, guardians or otlier per- 
sons having charge of such children, shall appear and show cause for such non-attendance: 
and if such parent, guardian or oiher person shall claim exemption from this act on the 
ground that his child or ward has attended some other school than the public school of 
such district, he shall file with 'he clerk a written statiinent, showing what school such 
child or ward attended, and the number of d lys of such attendance within the year ending 
on the 81st day of August next preceding, and the district clerk at such meeting shall make 
a list of all children residing in the district who have not attended the public school for the 
time required by this chapter, and shall note, opposite the name of each, whether such 
child is exempt from the provisions of this chapter, and, if exempt, the cause for such 
exemption. 

Section 2. This act shall take effect and be in force from and after its passage and publi- 
cation. 

This act requires a meeting of the school board on the first Monday of 
September, annually, to hear reasons for non-attendance of children in the 
public school, and a list to be made of all children residing in the district 
wlio have not attended school during the preceding year, and a note opposite 
the name of each child on such list indicating whetlier the child is exempt 
from attendance, and if so, for what cause. 



CHAPTER 303 

An Act to provide for life certificates lor teacliers in certain cases. 

The people of the state of Wiscofisin, represented in senate and assembUj, do enact as 
follows : 

Section 1. Whenever any teacher of a public school of this state shall have successfully 
taught in the state for the term of twenty-one years, and shall hold at the expiration of 
such term of service a county certificate in force of the first or second grade, or a limited 
state certificate, such teacher may present the certificate thus held and in force to the state 
superintendent for the purpose of having the same countersigned and made a life certificate 
as hereinaiter provided. 

Section 3. Upon presentation to him of any certificate as provided in section 1 of this 
act, accompanied by such evidence as he may require as to moral character, and of the com- 
pletion of the term of service hereinbefore mentioned, the state superintendent may attach 
his signature thereto, with the statement that the person therein named has furnished him 
with satisfactory evidence of good moral character, and of having taught successfully for 
the period of twenty-one years. And thereupon and therealter such certificate so held and 
countersigned shall have the force and eft'ect of a life certificate, and entitle the person 
holding the same to teach in any of the public schools of the state during the life of the 
person named in such certificate, unless the same shall be annulled for cause by the state 
superintendent in the manner provided by law for annulling or revoking state certificates. 

Section 3. This act shall take eifect and be in force from and after its passage and pub- 
lication. 

This act provides that a second or first grade county certificate or a limited 
state certificate may be countersigned by the state superintendent upon evi- 
dence of good moral character and twenty-one years of successful teaching. 



y 



LAWS OF WISCONSIN 



K ELATING TO 



COMMOi^ SCHOOLS. 

INCLUDING FREE HIGH SCHOOLS ; 



ALSO, THOSE RELATING TO 



NORMAL SCHOOLS AND THE UNIYERSITL 



COMPILED PROM THE REVISED STATUTES OP 1878, AND THE LAWS OF 
1879 AND 1880, AND PUBLISHED IN PURSUANCE OF LAW, 



UNDEE THE DIRECTION OF 

WILLIAM C. WHITFORD, 

State Superintendent. 



MADISON", WIS.: 

DAVID AT WOOD, STATE PEINTEB. 

1880. 






TO SCHOOL OFFICERS. 

This volume is public property, and belongs to the school-district 
to which it is sent. It is to be kept by the district clerk, for his 
own use and that of the other members of the board, but may be 
delivered by him to any voter of the district, to be retained not 
exceeding five days. If an annual, special, or adjourned meeting 
is to take place within ten days, this book must not be loaned to 
any person, but retained by the clerk, and produced by him at such 
meeting for consultation by the voters. 

In like manner it is to be kept by each town clerk to whom 
it may be sent, for his official use and that of the board of super- 
visors. 

When sent to any school officer, he holds it only in his official 
capacity, and it should be carefully preserved and handed over to 
his successor in office. 



NOTE TO THE READER. 

A new edition of the School Code was rendered necessary in 
consequence of the changes made in the school laws, in the general 
revision of the statutes, and was prepared by direction of the state 
superintendent, in 1878. This edition is supplementary to that, 
and is designed to meet the call from new districts and otherwise, 
the previous edition being exhausted. 

The changes in these two editions consist principally in conden- 
sation and re-arrangement, and in that respect much improvement 
has been made in the school laws, in common with the statutes 
generally. The sections of the former codes — 22 to 30 — which 
provided for union districts, were omitted in the revision, having 
become obsolete and useless, and the object intended to be accom- 
plished by them being better reached by the free high school and 
the township laws. The sections of the old codes — 64 to 74 — 
providing for the assessment and collection of special district taxes 
by the district officers, in certain cases, were omitted; and provision 
was made, in section 474, for borrowing money, in anticipation of 
the collection of such taxes in the usual way. 

The compulsory school law of 1879 will be found in this edi- 
tion, commencing on page 59. It also embraces the changes made 
in the free high school law, in 1879. 

The comments are substantially as they have been, in former 
editions of the code, but with enlargement in various places. 

Forms for various purposes are appended as usual; and a table 

of contents on the next page, and an index at the close of the 

volume facilitate reference. 

J. B. PRADT, 

Assistant Superintendent of Public Instruction. 



CONTENTS. 



I. Formation, Alteration, and Powers op Districts, - 1-41 

II. District Officers — District Board, - - - 41-69 

III. Certificates and Examinations, 69-78 

IV. The County Superintendent, 79-87 

V. Reports, .... 88-93 

VI. Duties of Town Clerk and Treasurer, - - - 93-95 

VII. District Taxes, - . - - 95-98 

VIII. Borrowing Money, ....... 98-101 

IX. Establishment op Sciiool-House Sites, . . - 101-104 

X. Libraries - . 104-107 

XI. Judgments against School-Districts, .... 108-109 

XII, Free High Schools, ....... 109-114 

XIII. Appeals, - 114-120 

XIV. Penalties and Miscellaneous Laws, - . - 121-125 
XV. ToAVNSiiip System of School Government, . - - 125-136 

XVI. Of the Distribution of the School Fund Income, 136-139 

XVII. Op the University, - 140-143 

XVIII. Of Normal Schools and Academies, .... 144-150 

XIX. The State Superintendent, 150-152 

XX. Constitutional Provisions, ...... 152-153 



LAWS RELATING TO COMMOxN SCHOOLS. 



Chapter 27, Mevised Statutes of 1878. 

I— FOEMATION, ALTERATION, MEETINGS, AND 
POWERS OF DISTEICTS. 

FORMATION OP DISTRICTS. 

Section 412. The town board in each town in this state, shall 
iiave power to form and alter distri as in the manner hereinafter 
fset forth : provided, that every school-district shall be of contig- 
uous territ >rj, and shall not embrice more than thirty-s'x square 
miles of Lmd, and that no school-district, which has by vote con- 
tracted a debt, shall be altered until such debt is fully paid, 
except as prijvided io section two hundred and sixty-three. 

The words tovm hoard are used in this and the succeeding sec- 
tions to denote the town board of supervisors. Section 517 em- 
powers the town board of directo"s, in towns which have adopted 
the town system, to form and alter sub-districts. 

The restriction as to the size of districts was first enacted in 
1868. The law now specifically requires that every district shall 
conistof c )ntiguous territory. A. district may be of any conven- 
ient form, provided it does not embrace more territory than the 
law allows, and provided its territory all lies in one body; but it 
should be as compact in form as the natural features of the 
country will permit. It should also be as large as a proper re- 
gard to the distince to be traveled will allow, in order that it 
may be able to sustain a go )d school wiihout resorting to bur- 
densome taxation. The common desire for small districts should 
not hi gratified at the expense of the welfare of the schiol It ia 
better that children should travel two or three miles to attend a 
go >d school, than half a mile to attend a poor one. The provis- 
ion that districts which have by vote contracted a debt shall not 
1 



"be altered until the debt is paid, is to be understood as referring 
to indebtedness beyond the present resources of the district, and 
not to ordinary debts the means for paying which are at command. 
The exception is made because the land commissioners may con- 
sent to the alteration of districts indebted to the state. 

Section 413. The formation of any such school-district shall 
be by written order of the town board, describing the territory 
embraced in the same, to be filed with the town clerk within 
twenty days after the making thereof. The supervisors shall de- 
liver to a taxable inhabitant of the district their notice thereof in 
writing, describing its boundaries, and appointing a time and place 
for The first district meeting, and shall therein direct such inhab- 
itant to notify every qualified voter of the district, either person- 
ally or by leaving a written notice at his place of residence, of the 
time and place of such meeting, at least five days before the time 
appointed therefor, and said inhabitant shall notify the voters of 
such district accordingly, and indorse thereon a return containing 
the names of all persons thus notified, and said notice and return 
shall be recorded as a part of the record of the first meeting iu 
sach district. 

The order for forming a school-district must be passed at a meet- 
ing of the board, of which all have been notified, and should be 
so clear and distinct that the boundaries of the district may be 
readily traced. The district should be described, therefore, by 
the government surveys ; but reference may be made also, if nec- 
essary, to natural features, such as rivers, lakes, marked trees, 
etc., or to highways or town lines. A school-district, in the sense 
now under consideration, consists of territory and not of persons. 
The territory should be so described that changes of ownership 
will not require any change in the description.* 

When new districts are formed out of new territory, the order may 
be filed immediately, and the notice delivered to a taxable inhab- 
itant without delay. If the order is not filed in twenty days, as 
directed, it should nevertheless be filed. The delay does not in- 
validate the order. 

If the formation of a new district involves the alteration of the 
boundaries of any other district, consent must be obtained to each 
such alteration, as provided in section 419, or the order of forma- 
tion cannot take effect for three months. The same section pro- 

• See Form No. 1. 



vides that no alteration of a district can be made to take effect 
between the first daj^ of December and the first day of April 
following. The matter is resumed in the comments on section 
419, which prescribes the mode of alteration of districts, the 
notices to be given, etc. 

A taxable inhabitant is one liable to pay a tax. If practicable, 
the notice delivered to this inhabitant should be read in the hear- 
ing of each voter. If this is not practicable, a copy of the notice 
left at the voter's residence will answer. In case of doubt in re- 
gard to any inhabitant of the proposed district, the question may 
be asked if he is a legal voter ; and if the right to vote is claimed 
by bim or for him, or seems to be doubtful, the notice should be 
given. This confers no right to vote, if the right does not already 
exist.* 

The day upon which any legal notice is served, is not counted 
in computing the time required. Since, in this case, five days' 
notice must be given, the notice must be served on each voter as 
early, at least, as the sixth day before the time named for the 
meeting. Any neglect to notify all, or to notify in season, even , 
if unintentional, may create dissatisfaction and lead to an appeal 

Not only the names of all persons notified, but the manner in^ 
which the notice was given to them must be embraced in the 
return made, " All returning ofiicers are ministerial, and are 
bound to set forth in their returns all acts done by them, that tne 
proper tribunal may judge of their sufficiency. They are not 
competent to judge of the legality of a notice or service ; and a 
return that a precept has been legally served, or that the duty en, 
joined by the warrant had been duly performed, would mos 
clearly be insufficient." f 

The return is to be indorsed on the notice read to the voters, 
and signed by the person giving the notices. The document 
should be produced at the first meeting, and filed with the records 
of the district. X 

Section 414. In case such notice shall not be given, or the 
inhabitants of a district shall neglect or refuse to assemble and 
form a district meeting when so notified, or in case any school- 

*See Forms Nos. 2 and 3. 1 12 Pick 206. % See Form No. 4. 



district, having been formed or organized, shall afterwards be dis- 
organiz'^d, so that no competent authority shall exist the-rein to 
call a special district meeting in the manner hereinafter provided, 
notice sh ill be tjiven by the town board, and served in the manner 
prescribecl in the prece ling section. Whenever a district meeting 
shall he called as pre-^cribed in this and the preceding section, it 
shall be the duty of the e'ectors of the district to assemble at the 
time and place so directed.* 

Three con'ingencies are provided for in this section :- first, a 
Deglect on the part of the person appointed to give the notice ; 
second, a neglect or refusal of the voters to meet and organize the 
district; third, the loss of the organization of the district, by the 
removal or death of all its oflficers, or in any other way. In any 
one of these cases, the supervisors are to call a meeting, as provided 
in section 413. 

The electors of the district are those persons who have a legal 
'residence in the district, and who are qualified to vote at a gen- 
eral e'ectioQ for state and county officers. This matter is further 
considered under section 428. 

It is the duty of all the electors to attend a district meeting 
called by the town board, to organize or reorginize the district ; 
but the acts of those who assemble are binding upon those who 
slay away. A full attendance is desirable, and persons entitled 
to vote should be present, although not formally notifir;d, if they 
have become apprised of the meeting. An unin'entional omission 
to notify some of the electors will not necessarily invalidate the 
proceedings, but piins should be taken to find and notify all. 

The first thing to be done, after the meeting has been called to 
order, is to elect a chairman ; a chrk ijiro tem. should also be 
chosen. The mf^eting is then organize i to do business, and ready 
1,0 elect the d strict offi jers, a director, treasurer, and clerk, as pro- 
vided in section 431. The further action of the meeting, proper 
to be had, cm best be seen alter reading section 41(5, and the 
comments thereon. 

FORMATION OF JOINT DISTRICTS. 

Section 415. Whenever it shill be necessary to f<^rm a dis- 
iiic from two or more adjoining towns, the town b )ards of such 
towns shall meet together and f rm such district by their written 

* See f^rm No. 5. 



order, describing the territory embraced in such district signed 
by at least two of the supervisors of eatjh town ; and shall lileone 
such order with town clerk of each town, and deliver the notice 
of formati m to a taxable inhabitant of such district, and cause 
the same to be served and returned in the time and manner here- 
inbefore prescribed ; and any such district may be altered only 
by the joint action of the town board'^ of such towns in the same 
manner that other districts are altered,* 

Ordinary districts may become joint districts by the division 
of a town, without any further action. f 

If a joint district is to be formed, the supervisors of all the 
towns concerned must meet. An order of formation without 
such joint meeting is illegal, and would be set aside on appeal, 
although the requisite signatures might be obtained. An order 
forming a joint district, must also be assented to and signed by a 
majority of the supervisors of each of the towns in which any 
part of the district is situated. Each town board acts and votes 
for its own town only, and there must be a majority of each 
board. 

The notice for the first meeting of a joint district must likewise 
be signed by a majority of the supervisors of each of the towns ■ 
containing part of the district, and the order of formadon must be 
recorded in the office of each of the town clerks. 

Again, if a joint district is to be S'^parated, in order to form a 
new district in one of the towns, the order dissolving the old dis- 
trict must be signed by a majority of the supervisors of each of 
the towns affected. If the new district is a joint district, the 
order forming it must be signed by a majority of the supervisors 
of each town that contains a {)art of said new district. 

ORGANIZATION OF A DISTRICT. 

Section 416. Every school-district shall be deemed duly 
organized when any two of the of!i;ers elected at the first legil 
meeting thereof shall have consented to serve in the offi ;es to 
■which they have been respectively elected, by a written accept- 
ance thereof, filed with the clerk at the first meeting, and recorded 
in the minutes thereof; and every school district sh dl be consid- 
ered as duly organized, after it shall have exercised the franchises 
and privileges of a district for the term of two years. | 

* See Form No. 6. t35Wis. 178. $ See Form No. 7. 



6 



If two of the officers elected are present, and at once file 
their acceptances with the clerk of the meeting, and he records 
them, fthe district is then duly organized, and may proceed 
to the transaction of any other business, as provided in sec- 
tion 430. The treasurer is not likely to file an approved bond, 
at that time, but that can be done afterwards. If two of the offi- 
cers do not then file their acceptances, the meeting should ad- 
journ and await them. If the persons elected at the first meeting, 
or any of them, refuse to accept, the meeting may at once proceed 
to elect others. The same may be done at an adjourned meeting, 
if notice of refusal to serve is then received. The district should 
endeavor to effect a complete organization ; but if after reasonable 
trial it fails to secure more than two officers by election, the two 
who have accepted may fill the vacancy. 

When a district has exercised the powers and enjoyed the privi- 
leges of a school-district for two years, it is held to be legally or- 
ganized, notwithstanding any informality of proceeding in its 
organization ; and in the meantime, and until its organization is 
set aside by^ competent authority, it is the duty of its officers to 
comply with all the requirements of the school law. It is sufficient 
for them to know that it is a district de facto. After two years 
have elapsed, its organization cannot be set aside on account of 
any alleged defect in its original formation or organization. 

CORPORATE POWERS OF DISTRICTS. 

Section 417. Every school-district organized in pursuance of 
this chapter, or which has been organized pursuant to law, shall 
be a body corporate, and shall possess the usual powers of a cor- 
poration for public purposes, by the name and style of sr'hool-dis- 

trict, or joint school district number (the name of the town 

or towns in which the district is situated); such number shall be 
■designated by the town board or boards in the formation thereof; 
and in that name shall sue and be sued, and be capable of con- 
tracting and being contracted with, and of holding such real and 
personal estate, as is authorized to be purchised by law, and of 
selling the same. 

A school-district, as a corporate body, has perpetual succession 
and existence by its corporate name, and mav hold real and per- 
sonal estate for its corporate purposes. It is a body created by 
law, and is wholly distinct from the individuals that may, from 



time to time, compose it. • It does not become dissolved, or lose 
any of its rights, or become discharged of its obligations by a 
■change of its name, number, or boundaries, or by becoming a 
joint district. (4 Wis. 79.) But the number of a district should 
not be changed where it can be avoided. 

Contracts made or suits brought by a district, and all writings 
in which it is a party, require that the name of the district should 
be mentioned : e. g.^ school-district number four, town of Lincoln^ 
Polk county. When district officers are specifically empowered by 
law to act, their names may be mentioned. 

ALTEEATION OF DISTRICTS. 

Section" 418. Whenever the town board shall contemplate an 
alteration of the boundaries of a school-district, they shall give 
at least five days' notice, in writing, to the clerk of the district or 
■districts to be affected thereby, stating in such notice the time 
and place, when and where they will be present to decide upon 
such proposed alteration ; and such clerk or clerks shall immedi- 
ately notify the other members of the board ; and no territory 
shall be detached from any district, unless it be by the same order 
attached to another ; and any district may be dissolved by attach- 
ing all its territory to other districts.* 

Great care should be exercised in giving the preliminary no- 
tices of alterations proposed, as the want of this may render the 
proceedings of the supervisors illegal, and lead to an appeal. 

A written admission of service of the notice required by law, 
•on the return of the person serving the notice, should be annexed 
to every order of alteration, and filed with it in the ofSce of the 
town clerk, so that a complete history of the transaction may be 
preserved. 

It is to be observed that no territory can be detached from a 
district unless it is by the same order attached to another. In 
•case the territory is detached from a joint district, the order of 
detachment must be signed by the boards of all the towns, 
.although the territory be attached to a district wholly within one 
•of the towns. 

It is also to be observed that a district may, at any time, be 
dissolved, or wholly extinguished, by reason of the attachment of 
all its territory to other districts. This action will often be ad- 

. * See Form No. 8. 



8 



visable when several districts are found to be too feeble to sup- 
port good schools, and can be reduced in number with advantage. 
When districts thus become disso'ved, the property pertaining to 
thenn is to be disposed of as provided in section 424. 

Section 419. In all cases where an alteration of the bounda- 
ries ot a school-district shall be made, the town board shall, within 
three days thereafter, give notice thereof by filing a copy of th& 
order so altering the same, with the town clerk and with the 
clerks of the districts affected by such alteration ; and no altera- 
tion of any school-district made without the consent of a majority 
of the district boards, indorsed on such order, shall take effect un- 
til three months after notice given as above specified, unless such 
alteration is made in compli tnce with the order of the st^ie super- 
intendent given in the decision of an appeal ; nor shall any alter- 
ation of an organized district be made to take effect between the 
first day of December in any year, and the first day of April fol- 
lowing.^ 

Delay in giving the notices required in this section does not ren- 
der the previous action of the supervisors void, as it is merely 
matter of information of an act done ; nevertheless, the notices 
should b.e promptly given. 

Copies oi all orders making alterations in joint districts must 
be filed in the offices of the clerks of all the towns of which the 
districts altered constitute a part. Unless this is done, the super- 
visors of one town are unable to know the boundaries of a joint 
district without consulting the records of another town in which 
they have no control. 

The action of the supervisors in altering districts is usually 
based upon petition, but they are to act without, when in their 
judgment the interests of education require it. It is their duty 
to make such alterations as will best promote the welfare of the 
public schools, even though not asked to do it. As a general 
rule, however, they will seek to consolidate rather than to divide 
districts, to make them as large as practicable, and to avoid joint 
districts, unless very necessary. 

The order of alteration is an official act, and must result from 
a resolution of a majority of the board, adopted at a meeting at 
■which all are present, or of which all have been notified. A due 
sense of propriety, however, will lead a supervisor having a per*- 

•See Form No. 9. 



sonal interest in any proposed alteration of a district to avoid act- 
ing in that case. It is better that the other members of the board 
should decide it without him. At the same time it is not illegal 
for him to be present and vote, and proceedings cannot be set 
aside on appeal on this account. 

The reason for alteration of districts is, not unfrequently, that 
an additional district may be formed from territory taken from 
them. If the district board of any district from which a portion 
of the territory embraced in a new district is taken, refuses to con- 
sent to the alteration, the order of the supervisors does not take 
eilect till three months after the notice is given, and the supervis- 
ors are not obliged to deliver the notice to a taxable inhabitant, call- 
ing the first meeting of the voters of the new district, till twenty days 
after said order takes effect; but such notice may be given at any 
time after the order is issued, provided that it does not call the 
meeting until the three months have expired. No action can be 
taken by the voters of the new district until the order of forma- 
tion takes effect, for the reason that before that time there is no 
new district^ and the people and the territory retain the same con- 
dition, and sustain the same relations that they did before the or- 
der forming the new district was issued. So in regard to districts 
formed from other districts between the first c^ay of December 
and the first day of April following ; the alterations cannot take 
effect, nor the first meeting of the new district beheld, till the first 
of April, or thereafter. 

But whatever the purpose of the alteration of a district, the two 
restrictions exist. The reasons for the restrictions are, on the one 
hand, to prevent districts from being altered too summarily, with- 
out the consent of the board, and on the other, to avoid inter- 
ference with the winter schools. See also, the restriction as to 
debt, Sec. 412. 

In regard to the duties of town boards, in the matter of the 
formation or alteration of school-districts, the general remark may 
be made, that while discretionary power is given them to act, or 
rot act, in any particular case, they are to exercise their discre- 
tion, not with regard to their own convenience, but the public 
good. Unreasonable requests for action are sometimes made, 
and to hold a meeting, especially of two or more boards, may be 



10 

both inconvenient and expensive; but when a petition, respect- 
ably signed, and presenting apparently good reasons for action, is 
submitted, the request for a meeting and for action, should not be 
unreasonably denied. If the action desired is not granted, after 
proper examination, at a legal meeting, the petitioners then have 
the right of appeal; but if there is no meeting, and no decision, 
they have not 

It is also to be noted, that when supervisors act on a petition, 
they are not confined to the terms of the petition. If a certain 
amount of territory is asked, they may grant more or less, pro- 
vided the required notices have been given to the clerks of all the 
districts to be affected by the action. 

DIVISION OF PROPERTY 

Section 420. When a new district is formed, in whole or in 
part, from one or more districts possessed of a school-house or 
entitled to other property, the town board at the time of forming 
such new district, shall ascertain and determine the proportion of 
the value of the school-house and other property, justly due to 
such new district, according to the taxable properly of the re- 
spective parts of such former district, at the time of the division, 
by the best eviden cewiihin their reach, and such amount of any 
debt due from the former district, which would have been a charge 
upon the new, had it remained in the former district, shall be 
deducted from such proportion. 

Section 421. The town board shall certify to the district 
clerk of each district retaining a school-house or other property, 
the amount ascertained by them as the proportion to be paid to 
the new district, and such amount shall be embodied in the next 
statement of taxes to be made by the district clerk to the town 
clerk, as required by section four hundred and seventy-two, and 
shall be collected and paid to the treasurer of the new district to 
be applied toward providing a school-house therefor; and the 
money so received shall be allowed to the credit of the taxable 
property, taken from the district, paying the same in reduction of 
any tax that may be imposed on said taxable property in the new 
district for the building of the school-house ; but in case the new 
district shall have raised a tax and provided a school-house be- 
fore such money shall have been received, the treasurer of the 
new district, who shall receive or have the amount so paid him or 
his predecessor, shall pay on demand each tax payer the amount 
actually paid by him in school-house taxes, in excess of the 
amount he would have paid, if the money had been received and 
credit given before such taxes were collected, and the treasurer 
shall be liable therefor on his official bond.* 

* See Form No. 10. 



11 



The two foregoing sections have reference to cases in which new 
districts are formed from territory detached from districts pos- 
sessed of a school-house or other property. When territory is 
merely transferred from one district to another, no claim will lie 
against the district yielding territory on account of property. 

By "property" is meant lands, tenements, hereditaments, 
money, goods, chattels, things in action, and evidences of debt. 
The division of the share of the income of the school fund that 
may be due the district, is provided for, in a certain case, in sec- 
tion 558. 

The appraisal and award should be made at the time of the 
formation of the new district, but will be legal if necessarily 
delayed. 

If the duty is wholly neglected by the supervisors; or, the 
award being made by them, if the clerk of the old district neg- 
lects his duty, the remedy in either case is by mandamus. 

No vote of the old district is required to raise the amount to 
which the new district becomes entitled under the action contem- 
plated by section 421. This tax cannot be collected as a special 
district tax ; it must be returned to the town clerk by the district 
clerk, as certified to him by the town board. 

In case the new district shall decide to build a school-house, 
and shall raise a tax for this purpose, the law provides that the 
amount paid by the old district shall be paid to the persons liable 
to be taxed, residing in that part of the new district formerly be- 
longing to the old, so as to equal the abatement that would have 
been made in the tax levied upon the property of such persons, 
had the tax contemplated by section 421 been raised and paid 
over, before the school-house tax for the new district was levied. 

DISTRICTS PARTLY IN CITIES AND VILLAGES. 

Section 422. Whenever any school-district shall lie partly 
in a city, or village incorporated by special act, and partly in an 
adjoining town or towns, the common council of such city or 
trustees of such village and the town boards of such towns may 
alter or extinguish the same in the manner in which any other 
joint school-district may be altered or extinguished ; but no new 
joint district shall be formed, which shall embrace any part of a 
city. 



13 



This section makes express provision for a particular class of 
joint districts, and forbids the forrnaiion of any new joint district 
which shall embrace part of a city. 

It also takes the place of chapter eighty-two of th.e general laws 
of 1872. 

Section 423. Whenever any school-district for two or more 
successive years neglects to maintain a public school as required 
by law, the town board of the town, embracing the district, shall 
attach the same to such other adjoining district or districts in the 
town as they shall judge proper; and if the district be a joint 
district, then the town boards of the several towns shall attach 
the respective parts thereof to other districts in their respective 
towns. 

Section 418 gives power to the town board to extinguish a 
district at any time by attaching its territory to other districts; 
but it will be seen from this section that it is their duty to ex- 
tinguish such districts as fail to maintain a school for two years. 
The mere neglect or failure to elect officers does not extinguish 
the district. The organization may be restored, as provided in 
section 414, 

Section" 424. In every case where a district shall become dis- 
solved by reason of the attachment of all its territory to some 
other district or ^districts, the town boards of the several towns 
embracing such district shall take charge of the property belong- 
ing to the same at the time of its dissolution, dispose of the same 
by grant or otherwise, and apply the proceeds to the discharge of 
its debts, paying over the remainder, if any, to the treasurers of 
the districts to which the territory has been attached, in propor- 
tion to the valuation of the property attached to each, as appears 
from the last tax rolls of the respective towns. 

A district is extinguished or dissolved only when its parts are 
attached to other districts so that no part of the original district 
remains. If any part of it remains as a distinct district, although 
its name and number may be changed, it is not dissolved in the 
sense contemplated by law.* 

In case a joint district is dissolved, the supervisors of the towns 
in which the different parts of such district are situated, should 
unite in the sale of the property, and in executing the deeds of 
the real estate. 

• See the commente on Section 417. 



13 

If the supervisors proceed to sell any property formerly belong, 
ing to a district that has become dissolved, they should require 
<jash payment, and should give notice that a condition of the sale 
is the full payment within a limited number of hours — and that 
if such payment is not made, the property will be offered 
again for sale without further notice. All conditions of sale 
should be mentioned in the posted notice?. 

The supervisors are first to apply the proceeds of the sales to 
the payment of the debts of the district extinguished. These 
debts must be ascertaine 1 from the district board of such district, 
and no money should be paid except upon a written order of a 
majority of the district board. It debts are claimed which a 
majority of the'district board will not admit, the amount thus 
claimed may be retained by the supervisors, until the legal pro- 
ceedings commenced for the collection of the same have been con- 
cluded. 

The last assessment roll is that upon which a tax has been or 
may be legally raised, and should be made the ba-is for the ap- 
portionment of the balance of m )ney remaining after all the debts 
of an extinguished district are paid. In case there is an unex- 
pended tax found in the hands of the treasurer of the extinguished 
district, the equitable mode of di-tribution is to pay ovtr to the 
treasurers of the districts to which the territory has been attached, 
the proportionate amount contributed by such territory. If, how- 
ever, there is found belonging to the extinguished district money, 
derived from the tovirn tax for schools, or from the income of the 
common school fund, such money should be distribute I to the 
•districts in proportion to the nu nber of children over four and 
under twenty years of age, residing in the parts annexed to them 
respectively. 

Though the stitute specifies no time within which the super- 
visors are required to dispose of the property of an extingu'shed 
•district, there can be no valid reason for any longc-r delay than is 
necessary t) ascertain the outstanding liabilities. If peading liti- 
gation puts it out of their power to act immediately, they should 
improve the earliest favorable opportunity to &ettle the affairs of 
the district. 



14 



If two districts are consolidated, the public money which either 
may have in the hands of the town treasurer, or in the hands of 
its own treasurer, unexpended, becomes applicable to the pay- 
ment of teachers' wages in the consolidated district. If there is 
any money due to a teacher of either of the districts consolidated, 
it should be drawn before the order of consolidation takes effect, 

ANNUAL MEETING. 

Section 425. The annual meeting in all school-districts in 
which graded schools of two or more departments are taught, shall 
be held on the second Monday of July, and of all other school- 
districts, on the last Monday of September in each year. The 
hour of such meeting shall be seven o'clock in the afternoon un- 
less otherwise provided by a vote of the district, duly recorded at 
the last previous annual meeting; but at any annual meeting, a 
majority of the electors present may determine that the annual 
meeting of such district shall be held on the last Monday of 
August instead of the last Monday of September. Said deter- 
mination to take effect when a copy of the proceedings of said 
annual meetmg, in reference to such change, shall have been filed 
with the town clerk of the town in which the school-house of such 
district is situated, and to remain in force until rescinded by a 
like vote of the electors of such district. 

This section takes the place of chapter 23 of the general laws ot 
1868 (which was amended by chapter 6, of 1869), as well as of 
section 17 of the former school law. 

Its first provision is in regard to the time for annual meeting in 
districts having graded schools. A school in which an assistant 
teacher is sometimes employed, is not a graded school. A graded 
school is one which has been divided into two or more depart- 
ments in separate rooms and under separate teachers ; the less 
advanced pupils being taught in the lower department or depart- 
ments, and the more advanced in the higher. It is not necessary^ 
in order lo constitute a school a graded school, that all the grades 
or departments shall be in session an equal time during the 
school year. This may be governed by the wants of the pupils. 

Other districts are to hold their annual meeting on the last 
Monday in September ; but by vote of the district at annual 
meeting, the day for holding said meeting may be changed from 
the last Monday of September to the last Monday of August. It 



15 



is desirable that this change should be made, in order that the 
report of the clerk and treasurer may be laid before the people 
previously to the time for making the annual report to the town 
clerk. The change cannot take effect until a copy of the pro- 
ceedings is filed as directed. To take the vote merely to change, 
is not enough. Trouble is very likely to arise if the filing is neg- 
lected. 

It should be clearly understood that a meeting held as an an- 
nual meeting is void, if not held at the time required by law. A 
district with a graded school cannot lawfully hold its meeting in 
August or September. A district which has changed the time, 
legally, to August, cannot afterwards, without rescinding the vote,, 
hold the meeting in September. 

The hour of meeting may be changed by a vote of the district, 
at an annual meeting, but such vote can bear only on the next 
ensuing annual meeting. If no other hour is determined by vot6^ 
seven o'clock in the afternoon is the hour fixed by law. 

Section 426. The clerk shall give at least six days, previous 
notice of every annual district meeting, by posting notices there- 
for in four or more public places in the district, one of which 
shall be affixed to the outer door of the school-house, if there be 
one in the district ; and he shall give like notices for every ad- 
journed district meeting, when such meeting shall have been ad- 
journed for more than one month ; but no annual meeting shall 
136 deemed illegal for want of due notice, unless it shall appear 
that the omission to give such notice was willful and fraudulent.'^ 

In order to give publicity to the annual meeting, the statute di- 
rects the clerk to post notices therefor in at least four public 
places in the district, but such notice is not essential to the validity 
of the meeting. The foundation of the meeting is the statute, or 
the order of a previous annual meeting, and not posting the no- 
tice for it.f The time and place for holding it may always be 
ascertained by examining the records of the district, and the ob- 
jection that notice was not duly posted, is not well taken. 

It is, however, the duty of the district clerk to give carefully 
the notice required for the annual meeting, and for neglect of 
duty he is liable to a fine, under the provisions of section 500. 
The notice should be given at least one week before the time 

*• See Fornii, Nob. 11 and 18. 16 Hill, N. Y , 647. 



16 



for the meeting, and should also embrace the time of day and the 
place of meeting; also the more important items of business to be 
transacted ; for while the law does not require this to be done, it will 
help to secure a full attendance, which is most desirable. But it 
is to be borne in mind that the object of the notice for the annual 
meeting is to assemble the inhabitants, and that when so assem- 
bled, their powers are defined, not by the notice, but by the stat- 
ute. 

If there is a willful and fraudulent omission to give notice, the 
meeting may be judged illegal. Indeed, the action of an annual 
meeting held without due notice, will usually be looked upon with 
suspicion, and the state superintendent will not hesitate to sustain 
an appeal taken from such action, when it is made to appear that 
no proper opportunity has been afforded the people of a district 
to express their will. It should be noted that when a meeting is 
adjourned for more than one month, notice must be given, the 
same as for the original meeting. 

SPECIAL MEETING.' 

Section 427. Special district meetings may be called by the 
clerk, or, in his absence, by the director or treasurer, on the writ- 
ten request of five legil voters of the district, in the manner pre- 
scribed for calling an annuil meeting; and the electors, when 
lawfully assembled at a special meeting, shall have power to 
transact the same business as at the fir-<t and each annual meet- 
ing, except the election of offi -ers. The business to be transacted 
at any special meeting shall be particularly specified in the notices 
cdling the same, and said notices shall be posted six full days 
prior to the meeting. No tax or lo;in or debt shall be voted at a 
special meeting, unless three-fourths of the legal voters shall have 
been notifi-'d, ether personally or by a written notice left at their 
places of resi'lence, s'ating the time, place, and objects of the meet- 
ing, and specifying the a'nount proposed to be voted, at least six 
days before the time appointed therefor.* 

Exigencies often will arise requiring special meetings, and the 
power granted by the statute to call them should be liberally ex- 
ercised for the benefit of the district. It is the duty of the clerk 
to call special meetings whenever requested to do so by the re- 
quire 1 number of legal voters. "The word ma^ means mws^ or 
shall only in cases where the public interests or rights are coa- 

• See Forms Nos. 13 and 14. ^ 



17 

cerned; and where the pablic or third persons have a claim dejure 
that the power should be exercised."* "When public corpora- 
tions or officers are. authorized to perform an act for others, which 
benefits them, then the corporations or officers are bound to per- 
form the act. The power is given them not for their own, but for 
the benefit of those in whose behalf they are called upon to act, 
. and such is presumed to be the legislative intent. In such cases 
the}'- have a claim de jure to the exercise of the power." f The 
fact that the district clerk does not approve of the objects sought 
by those who request him to call a special meeting, is not a good 
cause for refusing to accede to the request. 

Any business that can be done at an annual meeting can bo 
done at a special meeting, properly called, except the election of 
officers. The notice for a special meeting may be given by the 
director or treasurer in case of a vacancy in the office of clerk, or 
if that officer is absent or incapable of acting. All notices for 
special meetings must "particularly specify " the business to be 
transacted thereat, nor can business not thus clearly mentioned be 
legally acted upon. If voting a tax, loan, or debt be a part of 
the business proposed, not only must notices be posted in not less 
than four public places in the district, but in addition to this, no- 
tice must be served personally upon at least three-fourths of the 
legal voters of the district. 

A special meeting may rescind any action taken at the annual 
meeting, if proper notice has been given ; but if rights have been 
acquired, by third parties, under previous action, those rights can- 
not be set aside by the vote of the district. This includes the 
rights of persons elected to a district office. 

"Six full days " requires the notice to be given as early as on 
the seventh day before the time designated. 

QUALIFICATIONS OF VOTERS, 

Section 428. Every person shall be entitled to vote in any 
school-district meeting, who is qualified to vote at a general elec- 
tion for state and county officers, and who is a resident of such 
school-district. 

The qualifications of voters at a general election are declared, 

by section 12 of the revised statutes, to be as follows : 

* 5 John Ch. 113. + 9 Wis. 312. 
2 



18 

Section 12. Every male person of the age of twentj-one years, 
or upward, belonging to either of the following classes, who shall 
have resided in the state for one year next preceding any election, 
shall be deemed a qualified elector at such election : 

1. Citizens of the United States ; 

2. Persons of foreign birth who shall have declared their inten- 
tion to become citizens, conformably to the laws of the United 
States, on the subject of naturalization ; 

3. Persons of Indian blood who have once been declared by law 
of congress to be citizens of the United States, any subsequent 
law of congress to the contrary notwithstanding ; 

4. Civilized persons of Indian descent, not members of any 
tribe. 

Every person convicted of briberj'^ shall be excluded from the 
right of suffrage, unless restored to civil rights; and no person 
who shall have made or become directly or indirectly interested 
in any bet or wager, depending upon the result of any election, 
at which he shall offer to vote, shall be permitted to vote at such 
election. 

Being first qualified to vote at a general election, the right to 
vote in any school-district depends upon being a resident thereof. 
Every man is supposed by the law to have a legal residence some- 
where, and he can have but one at a time. 

The rules for determining the residence of electors are laid down 
in section 37 of the revised statutes, and are printed here for con- 
venience : 

Section 37. In determining the question of residence as a 
qualification to vote, the followmg rules, so far as applicable, shall 
govern, and if a person offering to vote be challenged as unquali- 
fied on the ground of residence, the inspectors shall admonish him 
of such rules and put to him such further questions as shall be 
proper to elicit the facts in respect thereto, namely : 

First. As prescribed in the constitution, no person shall be 
deemed to have lost his residence in this state by reason of his 
absence on business of the United States, or of this state ; and na 
soldier, seaman, or marine, in the army or navy of the United 
States, shall be deemed a resident of this state in consequence of 
being stationed within the same. 

JSecond. That place shall be considered and held to be the resi- 
dence of a person, in which his habitation is fixed, wnthout any 
present intention of removing therefrom, and to which, whenever 
he is absent, he has the intention of returning. 

Third. A person shall not be considered or held to have lost his 
residence, who shall leave his home and go into anothesr state, or 
county, town, or ward of this state, for temporary purposes merely, 
with an intention of returning. 



19 

Fourlh. A person shall not be considered to have gained a res- 
idence in any town, ward, or village of this state into which he 
shall have come for temporary purposes merely. 

Fifth. If a person remove to another state with an intention of 
making it his permanent residence, he shall be considered and 
held to have lost his residence in this state. 

Sixth. If a person remove to another state with the intention 
of remaining there for an indefinite time, and as a place of pres- 
ent residence, he shall be considered and held to have lost his 
residence in this state, notwithstanding he may entertain an inten- 
tion to return at some future period. 

Seventh. The place where a married man's family resides shall 
generally be considered and held to be his residence, but if it is 
a place of temporary establishment for his family or for transient 
objects, it shall be otherwise. 

Eighth. If a married man has his family fixed in one place, 
and he does his business in another, the former shall be consid- 
ered and held to be his place of residence. 

Ninth. The mere intention to acquire a new residence without 
the fact of removal, shall avail nothing ; neither shall the fact of 
removal without intention. 

Tenth. If a person shall go into another state, and while there 
exercise the right of a citizen by voting, he shall be considered 
and held to have lost his residence in this state. 

Eleventh. No person shall be deemed to have gained a residence 
in anv town, ward, or village in this state, so as to entitle him to 
vote at any election therein, by remaining in such town, ward, or 
village as a pauper supported by the town or county in which he 
shall be living at the time of such election; and no person shall 
be deemed to have lost his residence in any town, ward, or village,, 
by remaining in any other town, ward, or village as such pauper. 

CHALLENGING VOTES. 

Section 429. If a person offering to vote at a school-district 
meeting shall be challenged as unqualified by any legal voter in 
such district, the chairman presiding at such meeting shall de- 
clare to the person challenged the qualifications of a voter; and 
if such person shall declare that he is a voter, and if such chal- 
lenge shall not be withdrawn, the chairman shall tender him the 
following oath or affirmation : " You do solemnly swear (or affirm, 
as the case may be) that you are an actual resident of this school- 
district, and that you are qualified according to law to vote at this 
meeting." And every person taking such oath or affirmation 
shall be permitted to vote on all questions proposed at such meet- 
ing ; and if the person ehall refuse to take such oath or affirma- 
tion, his vote shall be rejected. 

Section 36 of the revised statutes prescribes certain questions 
which may be asked by inspectors of elections of persons whose 



20 

votes are challenged. Four classes of these questions are given, 
as those which will most frequently aid in determining the quali- 
fications of a voter, though the chairman of a district meeting 
cannot, like an inspector of elections, require the person chal- 
lenged to answer the questions under oath. 

" Section 36. If a person offering to vote is challenged as un- 
•qualified, one of the inspectors shall tender to him the following 
oath or affirmation : You do solemnly swear (or affirm) that you 
will fully and truly answer all such questions as shall be put to 
to you touching your place of residence and qualifications as an 
elector of this election; and shall thereupon put questions as 
follows : 

First. If the person shall be challenged as unqualified, on the 
ground that he is not a citizen and has not declared his intention 
to become a citizen : 

1. Are you a citizen of the United States ? If no, then — 

2. Have you declared your intention to become a citizen of 
the Unit3d States, conformably to the laws of the United States? 

3. When and where did you declare your intention to become 
a citizen of the United States ? 

Second. If the person be challenged as unqualified on the 
ground that he has not resided in this state for one year immedi- 
ately preceding the election : 

1. How long have you resided in this state immediately preced- 
ing this election ? 

2. Have you been absent from this state within the year imme- 
diately preceding this election ? If yes, then — 

3. When you left did you leave for a temporary purpose, 
with the design of returning, or for the purpose of remaining 
away ? 

4 What state or territory did you regard as your home while 
absent ? 

5. Did you, while absent, vote in any other state or territory? 

Third, If the person be challenged as unqualified on the ground 
that he is not a resident of the county, town, or ward where he 
offers his vote, the inspectors, or one of them, shall put the fol- 
lowins; questions : 

1. When did you last come into this county, town, or ward ? 

2. Did you come for a temporary purpose merely, or for the 
purpose of making it your home ? 

3. Did you come into this county for the purpose of voting in 
this county ? 

4. Are you now an actual resident of this county, or ward, and 
what is the particular description, name, and location of your 
place of residence ? 

Fourth. If the person be challenged as unqualified on the ground 



21 



that he is not twenty-one years of age, the inspectors, or one of 
them, shall put the following question : 

Are you twenty-one years of age, to the best of your knowledge 
and belief? 

The ordinary grounds upon which a person offering to vote at 
a district meeting may be disqualified, are: 

1. That he is not a citizen of the United States and has not 
duly declared his intention to become one. 

2. That he has not resided in the state one year immediately 
previous. 

8. That he is not a resident of the district. 
, 4. That he is not twenty-one years of age. 

The chairman of a district meeting is not required by law to 
put any of the foregoing questions to a person whose vote is 
challenged, on any of these grounds ; but it will not be improper 
for him to do so, according to the circumstances of the case, for 
the information of the electors present. 

If a person who is unqualified is allowed to vote without being 
challenged, those objecting to the proceedings must show that 
they did not know him to be unqualified. A challenge should be 
interposed at the first instance in which such person ofiiers his 
vote, for it is not just for one to avail himself of a vote so long 
as it is cast so as to carry oat his views, and then be permitted to 
object when the voter differs with the challenger. 

The chairman of a district meeting has no right, under the stat- 
ute, to prohibit from voting any male person who takes the oath 
required by the law. It will, however, be competent for the State 
Superintendent to correct and set aside, on appeal, all 
proceedings carried by votes clearly illegal, if the result depends 
upon them. It is the duty of the chairman of the district meet- 
ing to permit any person challenged, to take the oath required by 
law, and a refusal on his part to perform this duty will be consid- 
ered good ground for setting aside the proceedings of the meeting. 

Proceedings will not be set aside on account of illegal votes, un- 
less a different result would have followed the exclusion of such 
votes. 

" The mere circumstance that improper votes are received at 
an election will not vitiate it. The fact should be shown affirma- 



n 

lively, that a sufficient number of improper votes was received 
for the successful ticket, to reduce it to a minority if they had 
been rejected; or the election shall stand."* 

If the nominee for chairman is challenged, the person making 
the nomination usually acts as temporary chairman, and should 
require the person challenge! to take the oath prescribed by the 
statute. 

POWERS OF A D [STRICT AT A SCHOOL MEETING. 

Section 430. The inhabitants of any school-district qualified 
bylaw to vote at a school district meeting, when assembled at the 
first and at each annual meeting in their district, or at any adjourn- 
ment thereof in their district, shall have power : 

1. To appoint a chairman for the time being, and in the absence 
of the clerk, to appoint some person to act in his stead, and the 
person so appointed shall certify the proceedings of such meeting 
to the district clerk, who shall enter the same in the records of the 
district, and file and preserve the certificate of such temporary 
clerk. 

2. To adjourn from time to time as occasion may require. 

3. To choose a director, treasurer, and clerk. 

4. To designate a site for a district school-house. 

5. To vote such tax, as the meeting shall deem sufficient, to 
purchase or lease a suitable site for a school-house, to build, hire, 
or purchase a school-house, and to keep in repair and furnish the 
same with the necessary fuel and appendages : provided, that no 
district containing a population of less than two hundred and fifty 
inhabitants shall have power to levy and collect a tax for build- 
ing, hiring, or purchasing a school-house of more than six hundred 
dollars in any one year, unless the town board of the town in 
which such school-house is to be situated shall certify, in writing, 
that in their opinion a larger sum should be raised, specifying 
such sum ; in which case an amount not exceeding the sum speci- 
fied may be raised; provided further, that no district containing a 
population of less than one thousand inhabitants, shall have power 
to raise and collect in any one year, for the purposes above speci- 
fied, more than one thousand dollars, unless the town board shall 
certify as above set forth. 

6. To vote such tax as the meeting shall deem proper for the 
payment of teachers' wages in the district : provided, that for such 
purposes, in all school-distncts having an average attendance at 
school, for the year, of fifteen scholars or less, not more than three 
hundred and fiifty dollars shall be raised in any one year; in all 
school-districts having an average attendance of not more than 
thirty nor less than fifteen scholars, not more than four hundred 

*7 Cow., N. Y. 



23 



and fifty dollars shall be raised in any one year ; and in all school- 
districts, havinpf an average attendance of not more than forty 
nor less than thirty scholars, not more than five hundred and fifty 
dollars shall be raised in any one year. 

7. To authorize and direct the sale of any school-house site or 
other property belonging to the district, when the same shall be 
no longer needed for the use of the district. 

8. To impose such a tax as may be necessary to discharge any 
debts or liabilities of the district lawfully incurred. 

9. To vote a tax not exceeding seventy five dollars in any one 
year for the purchase of maps, blackboards, and school apparatus. 

10. To vote a tax not exceeding one hundred dollars in any 
one year, for a district library, consisting of such books as they 
may direct their district board, at a district meeting, to purchase; 
said books to be selected under the advice of the State Superitend- 
ent : provided, that any school district having less than two hun 
dred children of school age shall not vole a tax exceeding fifty 
dollars, in any one year, for such library ; and that no district 
containing a population of less than two hundred and fifty inhab-. 
itants shall have power to levy and collect a tax of moie than 
five hundred dollars in any one year for any purpose other than 
for the purposes prescribed in the fifth subdivision of this section, 
and for the payment of the principal and interest of any loan duo 
the state. 

11. To authorize the district board to borrow money as pro 
vided elsewhere in these statutes. 

12. To authorize the district board to admit to the privileges 
of the school persons over twenty years of age, and persons not 
residing in the district, whenever such admission will not in- 
terfere with the accommodation or instruction of the scholars 
residing therein ; and to fix a fee for tuition per term, quarter, or 
year, to be charged to the person thus admitted. 

13. To authorize the district board to purchase text books for. 
use in the public schools, to be loaned or furnished pupils, under 
such conditions as, by such vote and regulations of the board 
thereunder, may be prescribed. 

14. To determine the length of time a school shall V)e taught in 
their district the then ensuing year, which shall not be less than 
five months ; and whether such school shall be taught by a male 
or female teacher, or both ; and whether the school moneys to 
which the district is entitled from the school fund income and 
from the town, shall be applied to the support of the summer or 
winter school, or a certain portion to each ; but if such matters 
shall not be determined at the annual meeting, the district board 
shall determine the same. 

15. To give such direction and make such provision as may 
be necessary, in relation to the prosecution or defense of any ac- 
tion or proceeding in which the district may be a party or may 
be interested. 



24 



16. At the annual meeting only, to vote a tax to compensate 
the clerk, which, in districts supporting graded and high schools, 
shall be such sum as may be voted, and in other districts not more 
than ten nor less than five dollars. 

17. To alter or modify their proceedings, as occasion may re- 
quire. 

CTi(Wter 118. Laws of 1879. 

Section 1. The total amount of school-district tax, hereafter 
levied in any school-district in this state, in any one year, for 
building, hiring, or purchasing any school building, and for the 
maintenance of schools, including teachers' wages and incidental 
expenses, shall not exceed five per cent, of the total assessed val- 
uation of taxable property in such school-district for the current 
year. 

Attendance upon the school meeting of the district is among 
the most important of public duties, and a sincere desire to pro- 
mote harmony of feeling and a concert of action should manifest 
Itself in the order, regularity, and courtesy with which the pro- 
ceedings are conducted. Every consistent efifort should be made 
to afford an opportunity for the expression of the will of a ma- 
jority of the voters of the district upon all points. 

The law does not determine the number necessary to constitute 
a quorum for the transaction of business. The action of a meet- 
ing, due notice of which has been given, and the proceedings of 
which are regular, will be sustained, though only a minority of 
the voters of the district may be present ; but when, on account 
of extraordinary circumstances, the attendance is very small, 
courtesy, as well as the consideration of the best interests of the 
district, demands an adjournment for a week or more. 

The action of the meeting is determined by a majority of those 
present and voting. The rule of common law is, " whenever 
electors are present, and do not vote at all, they virtually acqui- 
esce in the election made by those who do." (2 Burr, 1,021.) 
Those who are present but silent, must be held to assent to what 
the others do in carrying out the legal purposes of the meeting. 

The law does not prescribe the manner in which the electors 
shall vote in the transaction of business. In all important things 
it is better to have a rising vote or a call of the yeas and nays, and 
in the election of officers to vote by ballot. 



25 



In the further exposition of this important section, defining the 
powers of a district, such comments as seem necessary are placed 
under the several subsections, which are therefore given again, 
separately. 

The electors assembled in annual meeting (or at the first meet- 
ing, the district having first effected an organization), have power : 

1. To appoint a chairman for the time being, and in the absence 
of the clerk, to appoint some person to act in his stead, and the 
person appointed shall certify the proceedings of such meeting to 
the district clerk, who shall enter the same in the records of the 
district, and file and preserve the certificate of such temporary 
clerk. 

At the first meeting of a newly formed district, some person 
will call the meeting to order, nominate a chairman, put the ques- 
tion, and declare the result. At subsequent annual meetings, if the 
director be present, it will be proper for him to perform this duty, 
though any elector is competent to act. The person elected chair- 
man will at once take the chair, and if the district clerk be absent, 
the chairman will announce the fact, and ask that a clerk may be 
appointed pro tern. This will also be done, if it is the first meet- 
ing of the district. The person appointed chairman is not de- 
prived of his right to vote on any question submitted to the 
meeting. He is not a permanent presiding officer, but merely a 
voter in the chair. He may give a casting vote, in case of a tie, 
or he may vote with the minority, when there is otherwise a ma- 
jority of one in favor of any resolution, and thus make it a tie 
vote, which defeats the resolution ; or he may vote upon a call of 
the yeas and nays when his name is reached. He can, however, 
cast but one vote upon the question. 

It is not proper to appoint any person chairman who is not a 
voter in the district. 

The chairman must put to vote every motion or resolution that 
is seconded, unless he deems such motion or resolution to be out 
of order, and so declares. If the person making . the motion re- 
gards the decision of the chairman erroneous, it is his right to ap- 
peal to the meeting from such decision, and if the appeal is sec- 
onded, it is the duty of the chairman to put the question, "Shall 
the decision of the chair be sustained ? " In case the meeting re- 



26 



fuses to sustain the decision, it is the duty of the chairman to put 
the original question ; a refusal to do so is disorderly, and the 
meeting has pow(jr to select another person for chairman, who 
will conform to its decision. The motion for this purpose may 
be put by the clerk, and the result should be declared by him. 
The chairman should carefully avoid any arbitrary or partial ac- 
tion or ruling, and give all an equal chance to be heard. 

There is no code of rules for regulating the proceedings of 
district meetings, and hence that must be held to be legal to which 
a majority consents. The office of chairman is to aid in ascer- 
taining the will of the majority of the meeting. In case the action 
of the meeting is illegal, the remedy is by appeal, but a mere un- 
intentional non-observance of technical parliamentary rules is not 
sufficient reason for taking an appeal, nor will an appeal probably 
be sustained on this ground. 

2. To adjourn from time to time as occasion may require. 

A motion to adjourn take precedence of all others. A motion 
to adjourn indefinitely takes precedence of a motion to adjourn 
to a day fixed. If the first fails to carry, the question will then 
be put upon the second. If a majority are in fa^or of adjourn- 
ing, they cannot withdraw from the meeting until the question 
has been put, and declared carried by the chairman, without leav- 
ing the minority in possession of all the powers of the district. 
A motion to adjourn cannot be received after another question is 
actually put to vote, and while the meeting is engaged in voting 
upon it, but in such case the vote must be concluded, and the re- 
sult announced by the chairman. If the meeting adjourns indefi- 
nitely, all questions pending are discontinued, and they can be 
renewed only upon a fresh proposition; but if the adjournment 
is to a specified time, it is only a continuance of the session ; and 
the questions are to be taken up at the point they were left. The 
statute, however (see section 426), provides that in case of an ad- 
journment for a longer period than one month, notice shall be 
given of the time and place of holding the adjourned meeting, by 
posting written notices therefor in four or more public places in 
the district, one of which notices shall be fixed to the outer door 
of the school-house, if there be one in the district ; said notice to 



27 

be given at least six days previous to the time to which the meet- 
ing adjourned. 

8. To choose a director, treasurer, and clerk. 

Before the meeting proceeds to elect officers, the minutes of 
the last annual meeting should be read, and those of such special 
meetings as have been held during the year. The reports of dis- 
trict officers should also be presented, and referred to a committee 
for examination, with instructions to report at some later stage of 
proceedings. The reports should be in writing, and should be 
carefully examined by the committee, or by the meeting if con- 
venient. All school officers should be held to a strict accounta- 
bility for the faithful performance of their duties, and the finan- 
cial statements submitted should be accompanied with vouchers 
for all moneys expended. Reports of officers should be spread 
upon the records, as papers that are merely filed are often lost. 

It has already been recommended that the election of officers 
be by ballot. This is the better way, especially in large districts, 
with many voters. If a shorter method is resorted to, the least 
satisfactory one is by ayes and noes given by acclamation. In 
case the election is by some other method than by ballot, the vote 
should be taken first on the first nomination, and continued, if 
practicable, until some one nominated receives a majority. If it 
is decided to go into a ballot, the same rule applies, and not the 
rule of plurality. As the provision of the constitution (Art. Ill, 
Sec. B) that " all votes shall be given by ballot, except for such 
township officers " as may be exempted by law, cannot be held to 
refer to school-districts, so the provision (of the general statute 
relating to " elections other than for town officers") that " the 
person having the highest number of votes for any office shall be 
deemed to have been duly elected" (R. S. Chap. V, Sec. 75), 
does not apply to the officers of school- districts. A school-dis- 
trict is left to adopt its own method of choosing its officers ; and 
if the ballot is used, a majority determines the result, the same as 
in any other mode of election, or in a vote upon any other ordi- 
nary matter. 

If DO election is effected at the annual meeting, the meeting 
may adjourn, but cannot elect any officers at an adjourned session 



28 

held more than ten days after the annual meeting. It is desirable 
that the district elect, either at the annual meeting or at an ad- 
journed session ; for while the law provides that any vacancies 
arising from non-election, or otherwise, shall be filled by appoint- 
ment, this may prove less satisfactory. It should be noted that a 
person elected at the annual meeting cannot be ousted at an ad- 
journed session. 

One officer at least is to be elected each year, and after the first 
election, in the following order : clerk, treasurer, director. If a 
vacancy has occurred during the year past, which has been filled 
by the district board or by the town clerk, under the provisions 
of section 433, such appointment does not hold more than ten 
days after the annual meeting, and it is the duty of the district 
meeting to elect a person to fill such vacancy. The person thus 
elected will serve out the unexpired term, whether the same be 
one or two years. It will thus sometimes happen that more than 
one district officer is to be elected at an annual meeting. 

If a vacancy exists at an annual meeting from any other cause 
than the expiration of the incumbent's term, it is advisable that a 
resolution be passed declaring that such vacancy exists, and stat- 
ing the ground on which the meeting regards the office vacant. 
It is for the meeting to judge in the first instance whether a va- 
cancy exists, and although it may err in so declaring, the officer 
elected will be deemed an officer de facto, and his acts in relation 
to the public and third persons deemed valid, until his election is 
pronounced void by competent authority. 

If a mistake is made in stating the length of an unexpired 
term, the person elected will nevertheless serve to the end of the 
term, and no longer, as this matter is regulated by law, and not 
by the vote of the district. 

In the case of election at the first meeting of a district, if two of 
the officers elected at once file their acceptances with the clerk of 
the meeting, the district is then organized, and may go on to 
transact other business. Otherwise, the meeting should adjourn, 
as stated in the comments on section 416. 

4. To designate a site for a district school-house. 

The site selected should contain at least one acre, and should be 



29 



.as central as circumstances will permit. The future needs, as well 
as the present condition of the district, should be considered, how- 
ever, and hence it may not be good policy to locate the site at 
the present center of population. The surroundings should also 
be taken into consideration. It is more important that the loca- 
tion should be salubrious, quiet, and pleasant, than that it should 
he strictly central. The vicinity of stores, taverns, mills, etc., is 
undesirable. A dry and sheltered spot should be chosen, but not 
loo far from all inhabitants. 

In designating the site it should be so definitely described that 
it can be laid out without reference to any other document than 
the resolution locating it. The people of the district cannot del- 
egate power to the district board to designate the site, although, 
they or a committee may be authorized and directed to make the 
necessary examination as to location, price, and title. The action 
of the meeting is, however, required to fix legally its location. 
After a site has been designated, it does not become established 
until a title has been acquired, or the district board has made a 
contract, binding upon the district for its purchase. The town 
board has no power to designate the site at the time of forming a 
new district, or at any other time, but may be called upon to es- 
tablish it, if necessary, as provided in sections 477-480. 

5. To vote such tax, as the meeting shall deem sufficient, to 
purchase or lease a suitable site for a school-house, to build, hire, 
■or purchase a school-house, and to keep in repair and furnish the 
same with the necessary fuel and appendages : provided, that no 
district containing a population of less than two hundred and 
fifty inhabitants shall have the power to levy and collect a tax 
for building, hiring, or purchasing a school-house of more than 
six hundred dollars in any one year, unless the town board of 
the town in which such school-house is to be situated shall cer- 
tify, in writing, that in their opinion a larger sum. should be 
raised, specifying such sum; in which case an amount not 
•exceeding the sum specified may be raised: provided, further, 
that no district containing a population of less than one thousand 
inhabitants, shall have power to I'aise and collect in any one 
year, for the purposes above specified, more than one thousand 
dollars, unless the town board shall certify as above set forth. 

The electors may vote such a tax as they " deem sufficient," 
subject to the conditions imposed by law ; and with the consent of 
the supervisors of the town, previously obtained, they may vote 



30 

any sum not exceeding that approved by those officers. If the 
district contains a population of one thousand, or upwards, it may 
raise more than $1,000 without first obtaining the consent of the 
supervisors. It is quite proper, but not necessary, to designate a 
site before voting a tax to budd the school-house ; neither is it 
necessary that the site should be designated before levying a tax 
to pay for the same. If the tax deemed sufficient is afterwards 
found to be too small, an additional tax may be voted; and, if too 
much is raised, the electors may appropriate the same to any ob- 
ject for which they can legally raise a tax. The expense of in- 
vestigating the title and of recording the deed may legally be 
included in the tax for a site. Although the law authorizes the 
leasing of a site, it does not permit the district to contract a per- 
manent debt for future rent. Land for a site is sometimes held 
under a lease granting it for a consideration, paid in advance, for 
so long a time as the same may be used for the purpose of a pub- 
lic school. It is always advisable that the district should own 
the site. 

Sections 477 to 484 prescribe the course that must be pursued 
■when the district is unable to obtain the school-house site selected 
or designated by a majority of the electors thereof present at a 
regular meeting, on account of the refusal of the owner to sell or 
lease the same, or on account of the owner being a non-resident. 
In regard to the right of the district to the school-house, at the 
expiration of the term for which the land upon which it is situated 
is held, the law, as staled by Judge Harris (7 Barb., N. Y. R, 
266), is as follows : " Any one who has a temporary interest in 
land, and who makes additions to it or improvements upon it, for 
the purpose of the better use or enjoyment of it, while such tem- 
porary interest continues, may, at any time before his right of en- 
joyment ceases, rightfully remove such additions and improve- 
ments. If he omit to sever the addition or improvement until his 
right of enjoyment ceases, such an omission is to be deemed an 
abandonment of his right, and thereafter the addition he has made 
becomes, to all intents, a part of the inheritance, and the tenant, 
as well as any other person who severs it, becomes a tres- 
passer." 
Although a tax may be levied before a title has been acquired, 



31 

yet the district board should not part with the money before a 
conveyance of the site has been made. 

A question sometimes arises in regard to incumbrance in case 
of mortgage. The sum voted to purchase a site is held to be all 
that the district can at any time be called upon to pay for it; and 
hence the title should be free from incumbrance, unless it was 
expressly understood at the meeting voting the tax that the site 
was to be purchased subject to the incumbrance resting upon it,. 
"When a site is purchased which constitutes a part of the mort- 
gaged tract, the rule of law is that the remaining property of the 
mortgagor shall first be sold, and if that is not sufficient to satisfy 
the mortgage, then of the remainder that which is conveyed latest 
is to be sold first. It is always better to obtain a clear title, and 
a district board is not justified in purchasing a site or in con- 
tracting for building upon it, if said site is incumbered, without 
an express vote authorizing them to do so. 

The question also sometimes arises as to the legality of con- 
necting the school-house with other erections made for diflEerent 
purposes, and under other control than than chat of the district 
board. This department has held that a tax cannot be voted for 
building a house for joint use as an academy and school-house, 
or a church and school-house, and that any partnership which does 
not secure to the district board the complete control of the house 
for school purposes, is illegal. In the case of Tracy vs. Talbot 
(6 Mad. R, 214), Judge Holt held that : " If a house, originally 
entire, be divided into several apartments, with an outer door to 
each apartment, and no communication with eacb other, the sev- 
eral apartments shall be rated distinct mansion houses." 

The supreme court of Massachusetts held, in case of George vs. 
School-District Mendon (6 Mete. 510), as follows : " If, under 
color of this corporate power of a school-district, the inhabitants 
should vote to erect an expensive and ornamental building, with 
a view to improve the neighborhood, to enhance the value of the 
real estate, to accommodate societies, lectures, dramatic exhibi- 
tions, or to have a convenient place for religious meetings or public 
worship, or for any other use than that of a district town school, 
it would not be within the legitimate authority of a school dis- 
trict, and any vote to levy a tax on the inhabitants for such a 
purpose would be void." 



32 

There may be distinct tenements under the same roof; and 
tenements are as essentially distinct when one is under the otherj- 
as when one is by the side of the other. (1 Mete. 541.) 

It is desirable that every district should own a good school- 
house, and that it should be entirely separate from other build- 
ings ; still, it sometimes happens that economy demands a co- 
operation between the district and some other association, in 
erecting two houses under the same roof. Such an arrangement 
is held to be legal, provided the district secures by proper legal 
covenants: First. The complete and undivided control of the 
school-rooms at all times, and of all doors and passages a£Eording 
€gress and ingress thereto. Second. That the other rooms of the 
building shall not be used at any time during school hours for an 
assemblage or purpose which can distract the attention of the 
pupils, or interfere, by noise, or otherwise, with their instruction. 
Third. That the parties using or owning the other rooms shall 
pay the whole or some definite part of the expenses of such re- 
pairs upon those rooms, or the roof or other parts of the building, 
as the district shall deem necessary. Fourth. That the parties 
owning the other parts of the building shall pay a proper propor- 
tion of the amount necessary to keep the whole properly insured. 

The best method of protecting the interests of the district is for 
the board to lease the rooms on the foregoing conditions, and such 
others as are proper. The lease should provide for its own ter- 
mination on any breach of its conditions, and should contain an 
express provision that whenever a district meeting shall deter- 
mine that the residue of the building is needed for school pur- 
poses, the same shall become the property of the district upon the 
payment of the appraised value of the labor and materials used 
in its construction. 

A district meeting may vote a tax for a fence, sidewalks, sepa- 
rate privies for the two sexes, wood-house, stoves, stovepipe, and 
bell, as these are held to be necessary appendages. 

Money may also be raised to pay for the insurance of the 
school- bouse. This must be a definite sum. The school- house 
cannot be insured in those companies that require a note for part 
of the premium, for the district board cannot bind the district to 
pay a note drawn by them for such a purpose. All taxes voted 



33 



must be for specific and legal objects, and the specific amount 
raised for each of the several objects for which the tax is levied, 
should be stated in the resolution passed by the meeting, in order 
that the district and the board may know the precise extent of 
their liability and authority. 

A district has power to vote a tax to enlarge a school-house, 
notwithstanding it may have cost all that said district is by law 
authorized to raise in any one year, and the tax for such enlarge- 
ment does not require the consent of the town supervisors there- 
to. The amount received from the sale of the old school-house 
may be added to the amount authorized by law to be raised for 
building in any one year, and expended for the new building. 

6. To vote such tax as the meeting shall deem proper for the 
payment o£ teachers' wages in the district : provided, that for 
such purposes, in all school-districts having an average attend- 
ance at school, for the year, of fifteen scholars or less, not more 
than three hundred and fifty dollars shall be raised in any one 
year ; in all school-districts having an average attendance of not 
more than thirty nor less than fifteen scholars, not more than 
four hundred and fifty dollars shall be raised in anyonevear; 
and in all school-districts having an average attendance of not 
more than forty nor less than thirty scholars, not more than five 
hundred and fifty dollars shall be raised in any one year. 

The amount which may be raised for teachers' wages is re- 
stricted by the average a:ttendance at school for the previous year, 
the particulars of which should be made known at the annual 
school meeting, before taxes are voted, that the amount voted 
may not be unlawful. 

By reference to subdivision 10, it will be seen that a district 
with less than two hundred and fifty inhabitants cannot raise more 
than $500 in one year for teachers' wages, or any other purpose, 
beside those therein excepted. 

The income of the school fund annually apportioned to the 
different districts on the basis of population over four and under 
twenty years of age, together with the amount which is received 
by the districts from the tax levied by the county supervisors, 
must be appropriated to the payment of teachers' wages, and the 
balance is to be raised by tax. A tax cannot legally be levied to 
pay a person for services as a teacher who did not hold a certifi- 
3 



34 



cate of qualification at the time such services were rendered ; nor 
can any public money be paid to a person for services as a teacher, 
who is not qualified according to law. 

7. To authorize and direct the sale of any school-house site or 
other property belonging to the district, when the same shall be 
no longer needed for the use of the district. 

The restriction here imposed upon the sale of district property 
is important. It must no longer be reeded for the use of the dis- 
trict. The district must act through the district board, as the 
board alone is competent to make contracts binding upon the dis- 
trict. If any credit is to be given upon the sale of district prop- 
erty, the people at the district meeting shoulii, by resolution, 
specify the exact terms thereof, and should fix the lowest price to 
be accepted. The district board are responsible to the district for 
the exercise of the same care that a prudent man would take in 
managing his own affairs. 

8. To impose such a tax as may be necessary to discharge any 
debts or liabilities of the district lawfully incurred. 

The debts which the district is most likely to incur, are such as 
may be made by the board, under sections 4c!5 and 436, for re- 
pairs on the school-house, in providing necessary appendages for 
the same, and in the purchase of record books, blanks, stationeiy, 
apparatus, school books for indigent children, and for the school 
generally, when author'zed so to da The district may also incur 
indebtedness for money borrowed.* 

9. To vote a tax not exceeding seventy-five dollars in any one 
year, for the purchase of maps, blackboards, and scho.)! apparatus. 

Maps are necessary to teaching geography, for the principal 
facts are learned more readily by the eye than in any other man- 
ner. Every school room should be furnished with a map of the 
world, of the United States, and of this state ; also of the county 
in which the school-house is situated. A globe is also desirable. 
Blackboards should extend around the scho )1 room, that is, should 
occupy all the space not taken by doors and windows, to a height 
of seven feet from the floor, the lower edge of the blackboard 
being about two feet nine inches from the base board. Charts are 

*See commcnte on eubdlrUion 11. 



35 



now easily obtained for teaching reading, penmanship, and other 
branches, and the cost is much more than made up in the.increase 
of interest among the pupils, and the greater facilities for the 
teacher. School boards should acquaint themselves with the cost 
and the use of the more simple and important kinds of apparatus, 
and lay the matter before the district at each annual meeting. If 
the district votes no tax for apparatus, the board cannot purchase. 
(See section 436.) 

10. To vote a tax not exceeding one hundred dollars in any 
one year, for a district library, consisting of such books as they 
may direct their district board, at a district meeting, to purchase ; 
said books to be selected under the advice of the state superin- 
tendent ; provided, that any school-district having less than two 
hundred children of school age, shall not vote a tax exceeding 
fifty dollars in an}'' one year, for such library ; and that no dis- 
trict containing a population of less than two hundred and fifty 
inhabitants shall have power to levy and collect a tux of more 
than five hundred dollars in any one year for any purpose other 
than for the purposes prescribed in the fifth subdivision of this 
section, and for the payment of the principal and interest of any 
loan due the state. 

This is an important provision, if wisely carried out. By judi- 
cious action, a valuable library may be secured for each school- 
district ; but unless the money raised is placed in the hands of 
discreet and competent men to expend, the books obtained will be 
of no real benefit to the people. 

The restriction of the amount of tax that may be raised in one 
year for any purpose, except two, to $500, by a district with less 
than two hundred and fifty inhabitants, should be carefully noted. 

The preceding subdivisions (5, 6, 8, 9, 10) cover all the objects 
for which school-districts may levy taxes, except those named iti 
subdivision 16, in sections 474, 475, and 476, and in the sections of 
the revised statutes printed immediately thereafter, in this code. 

In this connection, it is deemed proper to insert the act of 1879, 
limiting the total amount of school-district tax to be levied in any 
one year, with some comments. 

Chapter 118, Laws of 1879, 

Section 1. The total amount of school-district tax, hereafter 
levied in any school-district in this state, in any one year, for 
building, hiring, or purchasing any school building, and for the 



36 

maintenance of schools, including teachers' wages and incidental 
expenses, shall not exceed five per cent, of the total assessed valu- 
ation of taxable property in such school-district for the current 
year. 

Section 2. All acts or parts of acts con flictinoj. with this act 
are hereby repealed. 

The object of this law is to restrain excessive taxation for school 
purposes, practiced in some parts of the state. Under it, the total 
amount of taxes levied by a district in any one year must not ex- 
ceed five per cent, of the last valuation of property in the district. 
Although the taxes may be less than five per cent., the restric- 
tions provided for in section 430 (subdivisions 5, 6, 9, and 10) are 
still in force. They are not in conflict with the above act, and 
are not repealed by it. 

11. To authorize the district board to borrow money as pro- 
vided elsewhere in these statutes. 

Under section 474, the district may authorize the board to borrow 
money as well as to levy a special tax, to meet any unusual exi- 
gency. This authority is given to the district, partly in place of 
that formerly conferred by section 64 of the school code, not only 
to levy special taxes, but if done between the first Monday in 
November and the next annual meeting, to assess and collect the 
same at once through the district clerk and treasurer. All such 
special taxes may still be voted, but will be collected as other 
taxes are. In the meantime, money may be borrowed to the 
amount of the tax. 

By section 475, a school-district is authorized to make a loan 
of money to aid in the erection of a school-house, if a majorily of 
all the legal voters in the district shall vote in favor of the loan. 
Loans can also be made at the present time, from the trust funds 
of the state, under section 261 of the revised statutes. Such 
loans can usually be more conveniently paid b}'' installments. 
Although the inhabitants of a district may, by resolution, declare 
their intention to raise a certain amount annually for two or more 
years, yet the action of the meeting is limited to one of the in- 
stallments, and it requires the action of the district at a subse- 
quent meeting to raise another installment. Money cannot be 



37 



loaned, under section 475, for any other purpose than " to aid in 
the erection of a school-house." 

12. To authorize the district board to admit to the privileges 
of the school, persons over twenty years of age, and persons not 
residing in the district, whenever snch admission will not interfere 
with the accommodation or instruction of the scholars residing 
therein, and to fix a fee for tuition per term, quarter, or year, to 
be charged to the persons thus admitted. 

The vote of the district is to mithorize the board to admit the 
persons mentioned to the school. The consent of the board should 
always be signed in writing, and should not be given until the 
tuition fee has been paid to the district treasurer. No teacher 
should admit a non-resident pupil into his school without express 
authority conveyed in writing. It is sometimes difficult for the 
district board to determine the liability of inhabitants for the tui- 
tion of persons in their employment or under their protection. 
Crowding into a district in which a superior school is maintained, 
to enjoy its advantages free of cost, under plea of having residence 
as an employe in a family, is an abuse that needs sometimes to 
be corrected. 

The tuition fee may with propriety be made merely nominal, 
however, to such persons as are residents of other districts, but 
who are tax-payers in the district where they desire to send to 
school, 'provided their distance be such as to preclude the possibil- 
ity of their being attached to the district. 

The question of residence settles the question of right to free 
tuition in any school. 

The residence of the child is with the parent or guardian, un- 
less by indenture or otherwise the parent or guardian gives over 
to another the right to control the child, so that in law he is not 
entitled to his earnings, or responsible for his acts. 

An orphan without guardian takes his residence with him 
wherever he goes. 

In all doubtful cases, the board is authorized to exercise its 
powers liberally as regards a chihi having its home in the district 
and nowhere else. It is not for the public good that any child 
should grow up uneducated. 

The district board has no authoritv to admit non-resident chil- 



38 



dren into the school contrary to the vote of the district, nor has it 
authority to exclude thena after a vote of the inhabitants to admit 
them. It is the duty of the boird, in this matter, to carry into 
effect the instructions of the district. 

It will be seen that the board has power, under section 439, to 
to admit persons between 20 and 30 years of age to the schools 
in certain cases. This power is commented upon in the proper 
place. 

The teacher has no authority in the matter of admitting or ex- 
cluding non-residents, but will be governed by the instructions of 
the board. 

13. To authorize the district board to purchase textbooks for 
use in public schools, to be loaned or furnished pupils under such 
conditions as, by such vote and regulations of the board thereun- 
der, may be presciibed. 

This subdivision takes the place of chapter 315, of the general 
laws of 1875, and it is important that every district should avail 
itself of the privilege here given, as a means of great convenience 
in insuring a timely and uniform supply of school books, and as 
a measure of economy. To this end, the board, having deter- 
mined under section 440, what textbooks shall be used, should 
bring the matter of purchase by the district before each annual 
meeting, having first carefully estimated how many of each kind 
will be wanted for the ensuing year. 

It should be remembered, however, that while the board has 
power to adopt, it has no power to purchase books, unless author- 
ized by the district. Being thus authorizsd, the board should not 
undertake to bind the district to purchase, at certain rates, for a 
series of years. Books once adopted must be used for three 
years, without change; but the district may not continue the 
policy of district purchase more than one year. Hence the cau- 
tion not to enter into any agreement that the district shall buy the 
books for more than one year. Proposals of agents to contract 
for a series of years should not be listened to, because such con- 
tracts are not warranted by the school laws. 

District boards are cautioned against purchasing books or 
school apparatus of traveling agents, unless they are known to be 



39 

reliable; especially against having anything to do with agents 
who call upon individual members of the board, and pretend 
that they have seen the other members and obtained their consent 
to certain purchases. These persons know perfectly well that a 
board cannot legally purchase of them unless they have first been 
authorized and directed to purchase, by the district, and that 
there must first of all have been an act of adoption, of the books, 
by the board. They also know that a school board can do no 
business lawfully, as a board, unless a legal meeting is called and 
held. 

An honest agent, while he may submit reasons to a board for 
adopting certain books, will not attempt to induce them to make 
any purchases or orders, until so authorized by the district. Until 
then, section 501 stands in the way. 

14. To determine the length of time a school shall be taught in 
their district the then ensuing year, which shall not be less than 
five months, and whether such school shall be taught by a male 
or female teacher, or both, and whether the school moneys to 
which the district is entitled from the school fund income, 
and from the town, shall be applied to the support of the summer 
or winter school, or a certain portion to each ; but if such matters 
shall not be determined at the annual meeting, the district board 
shall determine the same. 

The number of days during which a school must be taught, to 
meet the requirements of the law in regard to the apportionment 
of school money, is one hundred, and this number includes legal 
holidays, viz., New Year's day, the twenty-second of February, 
the thirtieth day of May (Decoration day), the fourth of July, the 
day of general (or fall) election, and Christmas, together with days 
of fasting or thanksgiving appointed by state or national authority. 

If the matters enumerated in the fourteenth subdivision are 
not determined by the annual meeting, the district board must 
determine the same ; but the inhabitants, at a special district meet- 
ing, are authorized by section 427 " to transact the same business 
as at the first and each annual meeting, except the election of offi- 
cers." When the district has determined the length of the school 
(being not less than five months), the sex of the teacher or teach- 
ers, and the application to be made of the school moneys, the 



40 



board have no discretion, but must carry out the vote of the dis- 
trict. In case they find it impracticable to do so in any pa)ticu- 
lar, the remedy is a special meeting, to give them further instruc- 
tions. 

15. To give such direction and make such provision as may be 
necessary in relation to the prosecution or defense of any action 
or proceeding in which the district may be a party or may be 
interested. 

The district may appoint any suitable person to represent them 
in a suit; but in the absence of such appointment, the director is 
constitute! the representative of the district in all suits. See sec- 
tion 442 and the comment thereon. 

16. At the annual meeting only, to vote a tax to compensate 
the clerk, which, in districts supportmg graded and high schools, 
shall be such sum as may be voted, and in other districts, not 
more than ten nor less than five dollars. 

This subdivision embodies chapter 91, Laws of 1876. It author- 
izes the district to vote compensation to the clerk, but not to the 
director or treasurer. The vote can be taken only at the annual 
meeting, and is operative for one year only, unless renewed. 

17. To alter, repeal, and modify their proceedings as occasion 
may require. 

The power to repeal proceedings cannot be exercised after they 
have been carried into effect, so that rights have been acquired 
under them. When the district board has made a contract under 
authority of the district, the repeal cf the resolution authorizing 
such contract will not rescind the contract. The district can 
modify or repeal the contract only after securing a release of 
damages from all the parties who have acquired any rights of 
action. 

A district can repeal a resolution to raise a tax, at any time 
before the warrant to collect the tax is handed to the collector ; 
but this power cannot be exerci'sed after part of the tax has been 
collected (Gale vs. Mead, 4 Hill ; Smith vs. Dillingham, 4 Bar- 
bour). It is advisable that resolutions should be repealed in 
express terms, when such is the intention, and not by implication. 



41 

When a resolution is to be repealed at the meeting at which it 
■was passed, it is usually done by a motion to reconsider. The 
general rule is that a motion to reconsider can only bs made by a 
person who voted with the majority on the question the reconsid- 
eration of which is proposed ; and this rule is a proper one for the 
chairman of the meeting to observe ; but, if on appeal from the 
decision of the chairman, the majority of the meeting choose to 
disregard the rule, it may be set aside. The usual rules govern- 
ing legislative bodies are not binding upon district meetings, 
unless such meetings adopt such rales. Any resolution directly 
or necessarily repugnant to a previous one, repeals it ; and the 
rule, as laid down (3 Howard, U. S R., 636) is that if a subse- 
quent statute be not repugnant in all its provisions to a prior one, 
yet if the latter statute was clearly intended to prescribe the only 
rule that should govern in the case provided for, it repeals the 
prior one. 

The repeal of a repealing statute does not revive the original 
enactment. 

Officers elected at an annual meeting cannot be displaced by 
reconsidering or rescinding former proceedings at an adjourned 
meeting. When an election has been held in due form, the elec- 
tive power of the district is exhausced, and the officers chosen at 
the annual meeting are the legal officers of the district, until by 
death, resignation, removal from the district, expiration of term, 
refusal to serve, or removal from office, a vacancy occurs proper 
to be filled by election or appointment. And when a person en- 
titled to hold office has been elected, and has not refused to serve, 
there is no power to take it from him or debar him from assuming 
his duties. 

II. DISTRICT OFFICERS AND BOARD. 

Section" 431. The officers of each school-district shall be a 
director, treasurer, and clerk, who shall be residents of the district, 
and shall hold their respective offices for three years, and until 
their successors have been chosen or appointed, but not beyond 
ten days beyond the expiration of their term of office, without 
being again elected or appointed : provided, that at the first elec- 
tion of such officers, in any newly organized district, the clerk 
shall be chosen for one year, the treasurer for two years, and the 



43 

director for three years; and thereafter, each oflScer shall be 
chosen f()r three years. Any per.-on present at a school-district 
meeting, at which he shall be elected one of the district board, 
shall be deemed to be notified thereof; and any person so elected 
and not present, shall be notified thereof by the clerk of said 
meeting, within five days thereafter; and unless each person 
elected and notified shall, within ten days after his election, file 
with the clerk his refusal in writing to accept the office, he shall 
be deemed to have accepted the same.* 

Comments upon the mode of electing district officers, and upon 
what constitutes an election, are made under subdivision 8, of 
section 430. See also the omment immediately preceding the 
section now under consideration — 431. 

In reckoning the terms of district officers, the time from the 
first meeting of a legally organized di5ftrict to the first annual 
meeting, no matter how short that may be, is to he considered a 
7jear, because all subsequent elections must be at the time fixed 
for the annual meeting; hence, at the first cinnz^n? meeting of a 
newly organized district, a new clerk will be elected for the term 
of three years ; at the second annual meeting, a treasurer is to be 
elected for three years; and at the third annual meeting, a direc- 
tor is to be elected for three years. Thereafter, one officer only is 
to be elected at each annual meeting, for the term of three years, 
and in the following order: clerk, treasurer, director. It may 
sometimes be necessary, however, to elect one, or even two, offi- 
cers, to serve out an unexpired term, in addition to the officer 
elected for a full term. 

In case a district establishes a graded school of " two or more 
departments," it must hold its annual meeting on the second Mon- 
day of July, as provided in section 425, and the term of any dis- 
trict officer that would otherwise have expired in September or 
August, will be taken to have expired at said meeting in July, 
and a new incumbent will be elected, and annually thereafter all 
elections will be in July. 

By reference to a provision added to section 443, in 1879, it will 
be seen that it restricts a district in the election of a treasurer. It 
is not probable that attempts are often made to give the office of 
treasurer to the director or clerk of the district. The act forbids 

* See Form No. 16. 



43 

such action, and likewise forbids that the teacher shall hold the 
office of treasurer in the same district. It does not by any means 
follow from this last prohibition, that it is now proper or allowa- 
ble to employ the clerk or director to teach the school. This is 
against public policy, and is very likely to breed difficulty or dis- 
satisfaction. See comments on section 488. 

The question sometimes arises whether it is proper to elect per- 
sons as district officers who are not citizens. As there is no 
statutory provision on the subject, a decision of the supreme court 
is given. In the case of Off vs. Smith (14 Wis., 497), it was 
held that " it is an acknowledged principle which lies at the foun- 
dation [of popular governments] and the enforcement of which 
needs neither the aid of statutory or constitutional enactments or 
restrictions, that the government is instituted by the citizens for 
their liberty and protection, and that it is to be administered and 
its powers and functions exercised only by ikem, and through 
their agency." 

On the other hand it may be held, in regard to persons who 
have delared their intention to become citizens, that as they are 
permitted to vote, they are eligible to district offices, if it is de- 
sired to elect them. But it is not allowed by the statute to elect 
a non-resident of the district to a district office. 

Under section 513, any woman of twenty-one years of age and 
upwards may be elected or appointed a school officer, but this does 
not confer upon women the right to vote at school meeting. 

Officers elected at the first meeting of any district are required 
to file written acceptances, but at the annual meetings succeeding, 
•written acceptances are not required. However, persons not 
present at an annual meeting must be notified if elected to office ; 
and, unless a person who has been notified of an election, shall, 
within ten days after his election, file with the clerk his refusal to 
serve, he shall be deemed to have accepted the office. A verbal 
refusal to serve, or inattention to the duties of the office does not 
create a vacancy. A person elected should therefore serve, or 
signify his refusal to serve in a legal way, and within the legal 
time. 

Subdivision 8, of section 961 of the revised statutes, directs that 
the resignation of a district officer shall be to the district board. 



44 



If a district officer intends to be long absent from the district, 
without removing his residence, he should resign, that some per- 
son may be appointed in his place. Otherwise, there being no 
power to appoint until there is a vacancy, the district may suffer 
great inconvenience. 

THE DISTRICT BOARD. 

Section 432. The director, treasurer, and clerk shall consti- 
tute the district board. Meetings of the board may be called by 
any two members thereof by serving on the other member a 
written notice of the time and place of such meeting, at least 
twenty four hours before such meeting is to take place. No act 
authorized to be done by the district board shall be valid, unless 
voted at a meeting of the board. 

It will be seen by this section that the powers conferred by law 
upon the district board must be exercised by the board, meeting 
and deliberating at the same time and place, and not by one or 
two forming a determination and obtaining the assent of the ab- 
sent. The decision of a majority at a meeting properly con- 
vened, is the decision of the board, but the decision of a major- 
ity, or even of all three, under other circumstances, is not the 
decision of the board. It is merely the concurrent opinion of the 
members of the board, and is no more the decidon of the boarl 
than the concurrent opinion of the members of the legislature, 
arrived at by taking their separate votes at their respective homes, 
would be an act of the legislature. The law supposes that a 
majority may be convinced by a minority and change its deter- 
mination, and therefore will not allow the majority to act without 
giving the minority due notice to participate. 

It is held in 16 Maine R, 185, that the dismissal of a teacher 
by two, a majority of the board was illegal, because the third 
was not notified, although he was out of town. The court say, 
" that does not allow the majority to dispense with the rule re- 
quiring notice. They are not in such cases constituted the judges 
whether the notice would be effectual to secure his attendance. 
Nor would it be entirely safe to entrust them with such a power, 
as it would afford an opportunity to select an occasion when they 
might judge that a notice would be ineffectual, and thus, by neg- 
lecting to give it, free themselves from the presence of a dissent- 



4^ 



ing minority. It may often happen that those will be able to at- 
tend, who were believed to be so situated that their attendance 
could not be expected. Nor is there any difficulty in giving the 
requisite notice in such cases, as one left at the usual place of res- 
idence would be sufficient." 

It has long been held by the Department of Public Instruction 
that there must be a meeting of the board called in order to any 
lawful action. This section now expressly provides that no act 
of the board "shall be valid, unless voted at a meeting of the 
board," and the amendment of 1875, which recognized the suffi- 
ciency of accidental meetings in certain cases, is expunged. 

A single member of the board may be authorized to carry out 
a vote or determination of the board, such as making a purchase, 
engaging work to be done, etc. 

Section 433. The said board shall have power to fill by ap- 
pointment any vacancy that may occur in their own number, 
within ten days after such vacancy shall occur; and if such va- 
cancy shall not be filled within ten days, as aforesaid, by said 
board, the town clerk shall fill such vacancy by appointment. In 
case a vacancy shall occur in a joint district, and shall not be 
filled by the district board, the clerk of the town in which the 
school- house is situated, shall fill said vacancy. Any person ap- 
pointed to fill a vacancy, upon being notified of such appointment, 
shall be deemed to have accepted the same, unless he shall, within 
five days thereafter, file wiih the clerk or director a written refusal 
to serve ; and any person appointed to fill a vacancy shall hold 
the office until the annual meeting succeeding such appointment, 
at which the electors shall fill such vacancy for the unexpired 
term.* 

Vacancies may occur from expiration of term of service, and 
failure to elect a successor, refusal to serve, removal from the dis- 
trict, resignation of office, and removal from office by the county 
judge; or, in case of a treasurer, from neglect to file a bond, as 
required by law, or through removal by the governor. 

The power of the district board to fill a vacancy continues but 
ten days ; if they do not fill it in that time, the duty devolves 
upon the town clerk. But neither the board nor the town clerk 
is authorized to act judicially, and set aside an election, where 
an officer is deemed to have been elected illegally. Such person 

* See Forms No. 17, 18, and 19. 



46 

having been declared elected, and entering upon the office, will be 
held to be an officer de facio^ until the illegality of his election is 
determined by competent authority. 

In other cases, the bDard or the town clerk, before making an 
appointment, must, of necessity, decide in view of the facts that a 
vacancy exists, and in the order making the appointment, the 
facts wiiich have caused the vacancy should be stated. 

In case of expiration of a term of service, and no election to fill 
the vacancy, it is to be understood that the term does not actually 
expire until ten days after the annual meeting. The board then 
has power, for ten days, to fill the vacancy, and the town clerk 
has therefore no power to fill it until twenty days after the annual 
meeting. 

In case of a single vacancy in the district board, those in office 
possess all the powers of a fall board for the purpose of filling such 
vacancy, but if two vacancies exist at the same time, the remain- 
ing member cannot fill them. It must be done by the town clerk. 

A person should not be reappointed who refuses to serve, or 
■whose resignation has been accepted. The statute regards the 
penalty for refusing to serve as an equivalent for the service. (See 
section 500.) 

It will be noted that in case of vacancy in a joint district, re- 
quiring to be filled by the town clerk, it is to be done by the 
clerk of the town in which the school-house is situated. 

In case of appointment, the term of office of the appointee ex- 
pires at the next annual meeting, and if a successor is not then 
elected, the incumbent cannot hold the office more than ten days 
after the annual meeting. It then becomes the duty of the board 
to fill such vacancy, and if they neglect to fill it, this duty de- 
volves on the town clerk. 

Section 434. The district board, in their corpcjrate name, 
shall purchase or lease such a site for a school-house as shall have 
been designated by the district, and shall build, hire, or purchase 
a school-bouse out of the funds provided for that purpose, and 
when required, make sale of any school-house, site, or other prop- 
erty belonging to the district, and if necessary, execute a con- 
veyance of the same in their name of office, whea lawfully 
directed by the qualified electors of such district, at any annual 
or special meeting. 



4r 

A school-district is a corporate body, and as such has perpetual 
succession and existence in its corporate name, and the capacity 
to hold real and personal estate for its corporate purposes. It 
possesses this power as a legal body wholly distinct from the in- 
dividuals which from time to time compose it. The district can 
act as a corporation only through its officers. The power to pur- 
chase or lease a site for a school-house, or to build, hire, or pur- 
chase a school-house, or to sell any school house, site, or other 
property, belongs exclusively to the district board. It is often 
the case that a building committee is appointed by the district to 
superintend the erection of a school-house. Although the law 
contemplates no such committee, yet so far as it can aid the board 
by its advice and service in carrying out the wishes of the people 
of the district, there can be no objection to it. But the district 
board alone has power to bind the district by a contract, written 
or verbal, and the district has no power to supersede them by 
appointing a building committee, or any other agents. The dis- 
trict may, however, through a committee, procure plans and 
specifications for a school-house, and may select such a plan as is 
deemed suitable, and limit the power of the district board to 
making a contract for erecting a house according to the plans and 
specifications adopted. 

This is the only way of controlling the district board. It rests 
with the board to accept or reject the work, unless the people, in 
district meeting, have appointed or provided for the appointment 
of other ai biters. This may be done by directing it to be inserted 
in the contract with the builder, that the suffic'ency of the mate- 
rials and workmanship under the contract shall be determined by 
persons named in the resolution. 

A stringent contract, which in all cases should be in writing, 
with proper provisions for the adjustment of any questions that 
may arise under it, will relieve the district board from much per- 
sonal responsibility and trouble, as well as prevent quarrels and 
perhaps litigation, which are in any event injurious. 

The inhabitants of a district, assembled in district meetinor, 
should give plain and specific instructions to the district board in 
regard to the matters referred to in this section. All votes relat- 
ing to purchase or sale of site, school-house, or other district 



48 



property, should be taken by ayes and noes, and all proceedings 
should be entered at length upon the record book of the district. 

Section 435. The district board shall have the care and 
keeping of the school-house, books, apparatus, and all other 
property whatsoever belonging to the district, except that espec- 
ially confided by law to the clerk, and they shall annually make 
an inventory thereof before each annual district meeting, and 
deposit the same with the clerk of the district; they shall keep 
the school-house in good condition and I'epair, and provide all 
necessary appendages during the time a school shall be taught 
therein. Th'^y may grant leave to any responsible inhabitant or 
inhabitants of the district applying therefor, to occupy the school- 
house for such public meetings as will, in the judgment of the 
board, aid in disseminating intelligence and good morals; any 
such licensee, and if the school-house be so occupied without 
there being such responsible licensee answerable, then the district 
board shall be personally liable to the district for any injury done 
to any property and for any expense whatever incurred by, at, or 
in consequence of any such use of the school-hOuse. 

The board has exclusive control of the property of the district, 
including the school-house, unless it shall be especially confided 
to the care of the clerk. In either case, it is important that the 
trust be faithfully dischargeJ — that the furniture, books, fences, 
grounds, outhouses, etc., be carefully looked after. It will be 
convenient to devolve this care especially upon the clerk, as he 
has, or may have, a salary. 

That the district may be kept apprised of the nature and con- 
dition of its property, the law requires the board to make an 
annual inventory of the same, and deposit it with the clerk. This 
should be done before the annual meeting, and the inventory pro- 
duced when called for. 

It is also the duty of the board to provide the necessary ap- 
pendages for the school-house, without waiting for instructions 
so to do from the people of the district. They are also required 
to keep the school-house in good condition and repair during the 
time a school shall be taught therein. This duty should be 
promptly and efficiently performed. Under this section, the 
board has power to cause to be built suitable outhouses, and to 
provide blackboards, etc., necessary to the successful manage- 
ment of the school. 



49 

la the discretion confided to the board under this section, they 
should distinguish between things necessary and things unneces- 
sary, though perhaps desirable. A. stove is a necessity ; an organ 
is not so. 

It has long been customary to allow school-houses to be used, 
at proper times, for religious, literary, and other meetings ; and so 
long as no injury is done to the property, and no detriment arises 
to the school from such use of the school-house, it is unobjection- 
able. It is often the only place in the neighborhood in which any 
kind of public meeting can be held, and the board will not usu- 
ally be* blamed for allowing a discreet use to be made of the 
building. They are authorized to do this, as the law stands, but 
as a matter of prudence, may, if they prefer, grant the leave only 
to some responsible inhabitant, who is to be answerable for the 
proper care of the house, etc. If there is no such person made 
responsible, the board becomes personally liable to the district, if 
the use of the house is allowed. If a majority of the tax-payers 
are opposed to having the school-house used for any other than 
school purposes, it may be better for the board not to allow it to 
be opened. 

Section 436. The said board shall have power to purchase a 
record book and such other books, blanks, and stationery as may 
be necessary to keep a record of the proceedings of the district 
meetings, the accounts of the treasurer, and for doing the busi- 
ness of the district in an orderly manner ; and when authorized 
by a district meeting, such maps, chart>!, globes, and school appa- 
ratus as have been or may be approved as suitable for the use of 
schools by the state superintendent, or by the county superin- 
tendent of the county, not exceeding seventy-five dollars in value 
in one year, and such school books as in their judgment may be 
necessary for the use of any children attending in their district, 
whose parents or guardians may not be able to furnish the same. 
All said purchases shall be unanimously approved at a regular 
meeting of said board, at which all the members thereof shall be 
present. The district board shall keep an accurate account of all 
expenses incurred by them, and present the same for allow- 
ance at a district meeting ; but no such account shall be al- 
lowed at a special district meeting, unless the intention to present 
the same be specified in the notice of such meeting, and when 
allowed, the amount of any such accounts unpaid shall be 
included in the next tax levy. 

4 



50 

This section embraces portions of sections 48, 49, and 51 of the 
former school codes, it authorizes the board to purchase such 
books., blanks, and stationery as may be needed, and if authorized 
by the district, to purchase apparatus to an amount not exceed- 
ing $75 in value in one year ; also school books for the children 
of indigent parents. All these purchases must be approved by 
all the board, at a meeting at which all are present. If these 
conditions are not observed, accounts for expenses incurred may 
not be allowed by the district, and the members of the board 
purchasing illegally may become personally liable for purchases 
made. 

If the board is authorized to purchase books for the whole dis- 
trict, as provided in section 430, subdivision 13, no seperate pur- 
chase for indigent children will be needed. 

The apparatus most likely to be useful in the public schools is i 

1. Reading charts, phonetic charts, reading frames or cases, 
writing speller^'. 

2. Writing charts, drawing charts, drawing books. 

8. Numeral frames, arithmetical charts, arithmetical frames,, 
cube root blocks, geometrical forms. 

4. Oitline maps, and especially a map of Wisconsin, a map 
of the United States, and a map of the world ; also globes and 
map drawing scales. 

5. Charts illustrating natural history, physiology, and natural 
science, including color charts. 

6. Blackboards, clock, call bell, thermometer, microscope, 
magnet. 

The articles first named under each of the above heads are 
most needed. 

In purchasing, school boards would do well to deal directly 
with the houses in Chicago or elsewhere, which make a business- 
of furnishing school apparatus. To this end, correspondence may 
be opened with them and circulars and price lists obtained. It is 
suggested that school boards first select and recommend the pur- 
chase of the simpler and more necessary apparatus of which the 
district may be destitute. It is also suggested that it will be a 
waste of money to purchase apparatus which the class of teachers 
employed will not be likely to make use of. In selecting a teacher,. 



51 

his or her knowledge of common apparatus, and ability to use it 
is to be taken into account, as an important qualification. 

When anything 'is purchased, measures should be taken at once 
for its preservation, and to this end a case or closet with shelves 
is needed, which should be under lock and key. It will be use- 
ful to take the advice of the county superintendent, and of ex' 
perienced teachers in making a choice of articles. The county 
superintendents are authorized by law to approve such apparatus 
as in their judgment is best suited to the schools. 

The caution against purchasing of unreliable agents is repeated; 
also against any action or promises, unless a meeting of the board 
is duly called and held, and the board has been authorized to pur- 
chase. 

Section 437. If an}^ district shall not, at its annual meeting, 
or at a subsequent special meeting, prior to the third Monday of 
November following, vote a tax' sufficient to maintain a school in 
said district for the term of five months during the ensuing year, 
the district board, shall then, on or before the Wednesday next 
following said third Monday of November, estimate and deter- 
mine the sum necessary to be rair^ed to maintain such school, and 
the district clerk shall forthwith certify to the town clerk the 
amount so fixed, who shall assess the same as other district taxes 
are as-sessed. and all school monej' received from the school fund 
income shall be applied exclusively to the payment of teachers' 
wages. 

This section was a part of section 19 (subdivision 6) of the 
former codes, before the revision of the statutes. 

While the law has restrained districts, on the one hand, from 
voting excessive taxes, it has also provided a security against the 
parsimony or negligence that would sometimes fail to open schools 
at all, or that would open them for an insufficient period. Five 
months' school in each year is the smallest amount that entitles a 
district to share in the income of the school fund. Not to provide 
for at least this amount, is a wrong to the children deprived, and 
an injury to the public good. The district board are therefore 
charged with the duty of making this provision, if it is not done 
by the district. The neglect to do this is punishable by fine, or 
the members of tlie board may be removed from office on com- 
plaint of such neglect (section 507). 



53 

Section 43S. The district board shall contract with and hire 
duly qualified teachers in the name of the district, and the con- 
tract made shall specify the wages per week, month, or year, to 
be paid, and when completed, shall be filed in the ofldce of the 
district clerk, with a copy of the certificate of the teacher so em- 
ployed attached thereto, and a cop}^ of such contract shall be fur- 
nished by the clerk to the teacher. No contract with any person 
not holding a diploma or certificate then authorizing him to teach 
shall be valid; and all such contract's shall terminate, if the 
authority given to teach shall expire by limitation and shall not 
be renewed, or if it shall be revoked.* 

The duty here devolved upon the district board, like any other 
act performed by them, mast be preceded by a regular meeting, 
as provided for in section 432. The comments upon that section 
are referred to in this connection. 

Two of the board may be in favor of hiring a certain teacher, 
and may think that because they are a majority there is no need 
of a meeting to consider the subject. But each member of the 
board has an equal right to be heard. Two of the board have no 
right to assume that the other member may not be able to give 
good reasons for hiring some other person than their candidate. 
Common courtesy as well as the law requires a meeting for delib- 
eration. 

In negotiating for a teacher, the board should first of all ascer- 
tain that the person is legally " qualified." The only sufficient 
evidence of this is an unexpired certificate from the proper super- 
intendent. If the county be divided into two superintendent 
districts, the certificate must be from the superintendent of that 
division of the county in which the school is to be taught If 
not, it is invalid. In case of a joint district, not wholly within 
the jurisdiction of one superintendent, the certificate should be 
from the superintendent within whose jurisdiction the school- 
house is situated. A certificate has no validity or force beyond 
the county or jurisdiction within which it is given, although 
" indorsed " by some other superintendent. If the legislature 
had intended that the certificate of one superintendent might be 
adopted (by indorsement) by another, it would have so provided. 

An understanding may be had with a teacher who is awaiting 
examination, but a contract with a person who holds no certificate 

♦ See Form No. 91. 



53 



is not ooly void, but a fraud upon the district. If a teacher's 
certificate will expire during the terra of school, care must be 
taken that it be renewed in season. It is better that the certifi- 
cate be renewed before the school begins. 

The contract is of no force unless signed by at least two mem- 
bers of the board. It is better that it be signed by all, as har- 
mony of action in this matter is very important to the prosperity 
of the school and the welfare of the district. 

There is no authority for making a contract whereby the teacher 
engages to board with the parents of the children. It cannot be 
enforced on the inhabitants. The best arrangement is to give the 
teacher a specific sum, and let him board himself. 

The amount of the compensation to be paid to teachers is within 
the discretion of the board. The inhabitants have no legal power 
to control district officers in this respect, nor in the selection of 
individuals to be employed, though the board would act unwisely 
in disregarding the preferences and wishes of the people, when 
reasonable and just. 

There is little probability that school officers will make the 
compensation too high. The wages of good teachers are generally 
quite inadequate. To employ a poor teacher at any price is 
wretched economy. 

A teacher, having been legally employed, cannot properly be 
disriiissed without some violation of the contract on his part, 
during the time for which it was to continue, unless his certificate 
of qualification is annulled by competent authority. If the board 
discharge a teacher on the ground that he has failed to fulfill his 
contract, of course it takes the risk of being able to prove such 
failure, in case the teacher claims damages, or demands his wages 
for the whole time for which he was engaged. 

The employment of any member of the district board to teach the 
school is not strictly forbidden by statute ; nevertheless, it must 
be considered illegal, because against public policy ; and a contract 
by a majority of the board with one of their own number, could 
not be enforced (Pickett vs. District No. 1, 25 Wisconsin, 551). 

But even if such a contract were legal, the fact that the teacher 
is one of the board naturally excites a suspicion that he may 



54 

have been able to make a contract more advantageous to himself, 
and less so to the district, than if some other person had been 
employed. Those who hold public trusts should carefully avoid 
putting themselves into situations where their private interests 
may conflict with an impartial discharge of their public duties. 
If for any reason it is deemed desirable that a member of the 
board should teach the school, let him resign, obtain his certifi- 
cate, and enter into contract with the full board. 

Similar remarks apply to the practice of employing as a teacher 
any near relative of a member of the district board. If the 
other members of the board and the people of the district desire 
it, it may be proper ; but in many and perhaps in most instances 
it breeds dissatisfaction, and often creates serious trouble. 

As districts annually vote taxes, elect at least one new member 
of the board, and determine, if they choose, upon the sex oE the 
teachers that shall be employed, contracts v^^ith teachers to extend 
beyond the close of the school year are not binding upon the 
district or upon the incoming board (16 Wis., 316), But if such 
contract be allowed to stand, the district will be liable for services 
rendered under it. 

The teacher should see that the board have acted legally, be- 
fore making any arrangement with them. To this end, he should 
know what is legal action on their part. It is quite proper for 
the county superintendent, at all examinations, to explain the 
law clearly as to contracts, especially to young and' inexperienced 
teachers. 

The only safe course for a teacher to pursue, is first to secure a 
certincate. This done, to obtain a legal contract, in writing, and 
not rest satisfied with a verbal promise of the school, from some 
member of the board. This promise may not be kept, and may 
be incapable of proof. 

The law will protect qualified teachers who contract in good 
faith, and are allowed to go on and fulfill the contract, although 
the board has not acted legally, or although the persons signing 
the contract, or some of them were not authorized to do so. It was 
held by the supreme court of New York (15 Barb., 323), "that 
where a person is employed for a corporation, by one assuming to 



■65 

act in its behalf, and renders services according to the agreement, 
with the knowledge of its officers, and without objection on their 
part, or notice that the contract is not recognized, such corpora- 
tion will be held to have sanctioned the contract, and will be com- 
pelled to pay for the services according to the agreement; * * 
but when the contract is still executory, and nothing has been 
done under it, and the action is to recover damages merely for 
non-performance, it is for the plaintiff to show a legal contract 
binding upon the corporation." 

Section 439. The board shall have power to make all need- 
ful rules for the government of the schools established in the dis- 
trict, such rules to take effect when a copy of the same, signed by 
a majority of the board, shall be filed with the clerk ; to suspend 
any pupil from the privileges of the school for non-compliance 
■with the rules established by them, or by the teachers with their 
consent; to expel from the school any pupil who shall persistently 
refuse or neglect to obey the rules above mentioned, whenever, 
upon due examination, they shall become satisfied that the inter- 
ests of the school shall demand such expulsion ; and to admit 
any person between twenty and thirty years of age, residing in 
the district, to any public school under their control, free of tui- 
tion, when, in their judgment, it will not interfere with the pupils 
of school age therein. 

The rules and regulations adopted by the district board should 
be recorded in their minutes, and a copy thereof should be posted 
in the school room. The rules should be such as the good of the 
school seems to require. They should be comprehensible and 
reasonable. Thej^ should be so framed as to aid the teacher 
rather than to supplant him. 

The district board have full authority to organize, regulate, 
grade, and classify the school, but in all matters of this kind they 
will act under the advice, and, so far as practicable, with the con- 
sent of the teacher. The teacher, in the school room, is the exec- 
zitive officer of the board. He must govern the school under the 
law, and according to such rules as are made in accordance there- 
with. The rules and regulations made by the board must guide 
him until they are set aside by competent authority. 

The board have authority to suspend any pupil from the priv- 
ileges of the school for non-compliance with the rules established 
by them, or by the teacher, with their consent. The right to at- 



56 

tend a common school is a common, not an exclusive or personal 
right. The supreme court of Massachusetts (8 Cush., Mass. R., 
164) says, in reference to the right, " like other common rights 
(that of way, for instance), it must be exercised under such lim- 
itations and restrictions that it shall not interfere with the equal 
and co-extensive rights of others. Take the case of a contagious 
disease, can it be doubted that the presence of a pupil could be 
lawfully prohibited, not for any fault, or crime, or wrong con- 
duct, but simply because his attempt to insist on bis right to at- 
tend under such circumstances would be dangerous and noxious, 
and so an interruption to the equal and common rigbt? " In the 
same case the court held that school officers have the right to ex- 
clude a child for open, gross immorality, manifested by licentious 
language, manners, and habits, though not manifested by acts of 
licentiousness or immorality within the school; for, says the court, 
"it is as necessary iu the unreserved intercourse of pupils of the 
same school, as well without as within its precincts, to preserve 
the pure minded, ingenuous, and unsuspecting children of both 
sexes from the contaminating influences of those of depraved 
sentiments and vicious propensities and habits, as from those in- 
fected with contagious diseases." 

While there can be no doubt that the board have the power to 
exclude a child, not for punishment merely, but for the protection 
of others from vicious influences that would defeat the object for 
which the school is organized, yet we are not to forget that hu- 
manity dictates that we deal gently with erring children. Educa- 
tion seeks to deter from vice, and also to reclaim those who have 
become vicious through parental neglect or parental example. 
Remonstrance and persuasion must be exhausted before suspen- 
sion from school can be justified. Expulsion from school is jus- 
tified only by such insubordination on the part of the pupil as to 
render it impossible to maintain order and discipline without ex- 
cluding him. The district board should, however, exercise this 
power, only after an earnest effort to avoid a resort to it. Teach- 
ers are not without infirmities, and their calling sometimes aggra- 
vates them ; and it is the duty of the board to know that there 
has been no oppressive exercise of power leading to the in- 
subordination which is made the occasion of a punishment so 



57 

severe. Power must always be tempered with benignity, and 
justice must be administered in the spirit of mercy. 

In case the board neglects to make and establish rules, as pro- 
vided for in this section, the teacher is not therefore inhibited 
from managing and governing the school according to his best 
judgment, nor can any advantage be taken of the fact that his 
rules have not been consented to by the board. In case of serious 
insubordination he should call upon the board to sustain his au» 
thority ; and when so called upon, the board should be careful 
not to weaken his authority by criticising his conduct before the 
school. (45 Wis., 150.) 

The opinion, which has obtained considerable currency in this 
state, that teachers are not allowed to punish pupils in school, is 
unfounded. The opinion in question arose from a misunderstand- 
ing of a decision by the Supreme Court (Morrow vs. Wood, 35 
Wis., 59). This decision was to the effect merely that where a 
parent directs a child not to take a certain study in school, the 
teacher cannot lawfully punish the child for not getting lessons 
in that study. It does not declare punishment in other cases to 
be unlawful. l^evertheless, corporal punishment should be 
resorted to only in case of necessity, and should be moderate and 
judicious. 

The Supreme Court held, in the case of State vs. Burton (45 
Wis., 150), that " in a proper case, and when not deprived of the 
power by affirmative action of the board, the teacher has the in- 
herent power to suspend a pupil from the privileges of the school ; 
though such suspension should be promptly reported to the board, 
"with the reasons therefor." 

The power conferred upon the board to admit persons between 
twenty and thirty years of age to the school, was first given by 
chapter 184, of the laws of 1877. Its design was to enable per- 
sons deficient in a knowledge of the English language to become 
more proficient therein. As incorporated into this section, that 
purpose seems to be lost sight of, and the provision to be some- 
what in conflict with subdivision 12 of section 430. 

Section 440. The district board shall, under the advice of the 
state superintendent, determine what school and text- books shall 



58 

he used in the several branches taught in the schools. They shall 
make a list of such books and tile one copy with the clerk, and 
keep one copy posted in the school-house. When anj- such text- 
books shall have been adopted, they shall not be changed for the 
term of three years, nor thereafter without the consent of the state 
superintendent. 

It is the duty of the board to exercise the power conferred upon 
them in this section, if they have not done so already. Sudden, 
sweeping, and uncalled for changes should not be made, but such 
as are necessary to secure uniformity and the best progress of the 
school. To perform this duty, the board should hold a legal meet- 
ing, and determine, by resolution, what school and textbooks shall 
be used, and then, after duly recording the resolution, and posting a 
copy in the school room, they should see that the books adopted 
are introduced and used. While the power to select books is left 
by law exclusively in the hands of the district board, it is, never- 
theless, proper for them to consult with the best teachers in regard 
to the subject. 

In selecting text-books, all works of a controversial or sectariaa 
tendency should be excluded. 

The school and text-books in common use in the state have 
been approved by the state superintendent. In case of books 
newly published, it is proper to communicate with him before 
adopting them. 

After a series of books, or any single book, map, or chart, card, 
etc., has been adopted, no other work on the same subject can be 
substituted for such series, book, map, etc., within three years, 
but a new book on a new subject of study, may be added to the 
list at any time. The law does not require that the list should 
be changed every three years, but it expressly prohibits changes 
in text-books which have been adopted, until they have been in 
use three years; and a change cannot then be made, without the 
consent of the state superintendent. For any violation of this 
provision, a fine of $50 may be imposed, as provided in sec- 
tion 503. 

Section 441. The district board shall visit the school under 
their care, examine into the condition thereof, and the progress of 
the pupils, advise and consult with the teacher in reference to the 



59 

methods of instruction, management, and government, and exer- 
cise such general supervision as is necessary to carry out the pro- 
visions of this chapter. 

A careful performance of the duty imposed by this section 
would increase the efficiency of our schools. The members of 
the district board should visit the school frequently. These visits 
should be informal, and should be marked by courtesy towards 
the teacher, and kindness towards the pupils; but classes should 
be examined, and the management of the school should be care- 
fully observed. An arrangement that will enable the members 
of the board to visit the school in turn, and that will secure a 
report in writing from each person visiting it, is very desirable. 

The board should also invite competent and prudent persons to 
examine the school, and to report to them in writing the result of 
such examination. No business can be successfully conducted 
without faithful and intelligent supervision. This obvious rule 
is especially applicable to educational affairs. 

COMPULSOKY EDUCATION. 

As the law upon this subject, passed at the session of 1879, 
devolves certain duties upon the school board, it is inserted in 
this place, with such comments as are needed. 

Chapter 121, Laws of 1879. 

AN ACT to secure to children the benefit of an elementary education. 

Section 1. Every parent, guardian, or other person, in the 
state of Wisconsin, having charge or control of any child or chil- 
dren between the ages of seven and fifteen years, shall be required 
to send such child or^children to a public or private school, for at 
least twelve weeks in each school year, commencing on the first 
day of September, in the year one thousand eight hundred and 
seventy-nine, unless the school-district board, or board of educa- 
tion of the school-district, village, or city in which such parent or 
guardian shall reside, shall excuse, by physician's certificate, or 
other good reason, such child from attendance, on its being shown, 
to their satisfaction, that the child's bodily or mental condition is 
such as to prevent its attendance at school, or application to study 
for the time required, or that its time and labor are essentially 
necessary for the support of an indigent parent, brother, or sister, 
or that such child is being otherwise furnished with the means of 
education for a like period of time, or has already acquired a fair 
knowledge of the branches of learning ordinarily taught in the 



60 



common schools of this state: provided, that in case the public 
school in the district in which such parent or guardian resides, 
shall be distant more than two miles from his residence, by the 
nearest traveled road, he shall not be liable to the provisions of 
this act. 

Section 2. The school-district board, or the board of education 
shall, in their respective districts, on the second Monday of February 
and September, or within fifteen days thereafter, of each year, in 
such manner as they shall deem most expedient, ascertain the 
condition of all children between seven and fifteen years of age, 
who shall not, be in attendance on any public or private school, 
and shall file with their clerk a record of each and every viola- 
tion of this act, which record shall be open to the inspection of 
every qualified elector and tax-payer in said district. 

Section 3. Such school books as may be necessary shall be 
furnished for the children contemplated in this act, in the manner 
and under the conditions provided for in section four hundred and 
thirty-six of the revised statutes. 

Section 4. In case any parent, guardian, or other person shall 
fail to comply with the provisions of this act, said parent, guard- 
ian, or other person shall be liable to a fine of not less than five 
nor more than ten dollars for the first offense, nor less than ten 
nor more than twenty dollars for each and every subsequent 
oflfense. Such fine shall be collected by the school-district 
director or president of the board of education in the district, vil- 
lage, or city in which the offense is committed, in the name of the 
state of Wisconsin, in an action before any justice of the peace, 
or any court having competent jurisdiction. And the fine so 
collected shall be paid into the school fund. 

Section 5. It shall be the duty of the director of any school- 
district, or president of the board of education of any incorpo- 
rated village or city, to prosecute any offense occurring under 
this act, and such person neglecting to prosecute for such fine 
within fifteen days after a written notice has been served on him 
by any qualified elector or tax payer within the district, village, 
or city in which the offending party shall reside, shall be liable 
to a fine of not less than ten nor more than twenty dollars for 
each offense ; such fine to be collected in the name of the state of 
Wisconsin in an action before a justice of the peace or any court 
of competent jurisdiction, by any person feeling aggrieved thereby. 
Said fine shall be paid to the town, village, or city treasurer, in 
accordance with section four of this act. 

Section 6. Two weeks' attendance at half time or night 
school shall be considered within the meaning of this act equiva- 
lent to an attendance of one week at a day school. 

Section 7. This act shall take effect and be in force from and 
after the first day of September, 1879. 

It is not parents or guardians alone who are amenable under 



61 

this act. Every person having charge o£ any children between 
seven and fifteen, must see that they receive the " benefit of aa 
elementary education." As any such person, though not sustain- 
ing the relation of parent or guardian to a child, would not be al- 
lowed to withold from it bodily food, so he must not neglect its 
education. The minimum of twelve weeks attendance each year 
upon either a public or private school, is required, or equivalent in- 
struction at home, unless the child has already acquired a reason- 
able elementary education. 

By a private school, is to be understood a school in which pri- 
vate instruction is given in the elementary branches required to 
be taught in the public schools. In the public schools, instruc- 
tion must be given in all branches in the English language, it be- 
ing deemed for the public interest that all children thus have the 
opportunity to learn this language, as the common language of 
the country ; but the compulsory act does not go so far as to re- 
quire that every child shall be educated in and through that 
language. It aims to prevent children from growing up unedu-. 
cated. The exemptions on account of the health of the child, the' 
need of its labor, or the distance from school, are to be noted. 

The duties of the board are, at stated times, to take note of the 
attendance or non-attendance of children between the ages named, 
upon public or private schools. As to attendance upon the former, 
the school register should be a sufficient source of information, 
but the board will ascertain the facts of each case in such man- 
ner as they shall find expedient. 

The law also prescribes a record by the board filed with the 
clerk, of each violation of the act. That a child, not exempted 
under section one, should not, at any particular time, be in at- 
tendance upon a public or private school, or under instruction at 
home, would not constitute a violation of the act, to the extent 
of incurring any penalty, until it should appear that the school 
year had passed away without the minimum of twelve weeks at- 
tendance at school, or equivalent instruction otherwise, required 
by the law. This point of neglect reached, the parent, guardian, 
or other person thus failing to comply with the law, becomes 
liable to the fine named, to be collected by the director, or presi- 



62 



dent of the school board ; and such officer neglecting to prosecute 
violations of the law, himself becomes liable to a fine. 

It will be seen that any qualified elector or tax payer in a dis- 
trict may give notice of offenses under the act. 

It is to be hoped that there will be little need of the enforce- 
ment of the law ; that all persons having charge of children will 
cheerfully comply with its provisions, without coercion. The 
knowledge that such a law exists, will act as a stimulus to such 
parents or others as are negligent to do their duty in the matter. 

DIRECTOR. 

Section 442. It shall be the duty of the director of each dis- 
trict : 

1. To countersign all orders legally drawn by the clerk upon 
the treasurer of the district. 

2. To appear for and on behalf of the district in all actions 
brought by and against it, when no other direction shall have been 
lawfully given at a district meeting. 

3. To cause an action to be prosecuted in the name of the dis- 
trict, on the treasurer's bond ia case of any breach of any con- 
dition thereof, and to apply all money when collected to the use 
of the district as the same should have been applied by the 
treasurer. 

The director is required to countersign orders le(jaUydra,wn, and 
it is his duty to know that an order presented to him for his sig- 
nature is drawn in accordance with law, before he affixes his name 
thereto. The object of this provision of the law is to protect the 
interests of the district. 

By the provisions of subdivision 15 of section 430, the district 
has power, at any meeting duly called, to give such direction, and 
make such provision, as may be deemed necessary in relation to 
the prosecution or defense of any action or proceeding in which 
the district may be a pirty or interested ; and unless some other 
person is designated to perform the duty, the director is required 
to bring suit and carry out the will of the meeting. The director 
has no power under the statutes to bring suit, upon his own mo- 
tion, in behalf of the district, except in case of breach of the con- 
dition of the treasurer's bond. In this case, it is his duty to com- 
mence proceedings to protect the interest of the district at oncCf 
without waiting for the action of a district meeting. 



63 

If an action is commenced against the district, the director must 
appear in behalf of the district, without waiting for authority 
from a district meeting. The district may, however, designate 
some other person to act as their representative in the defense, if 
they think it expedient. 

TREASURER. 

Section 443. The treasurer of each district shall, within ten 
days after his election or appointment, execute to the district, and 
file with the clerk a bond with sufficient sureties, in double the 
amount, as nearly as can be ascertained, of all the money to come 
into his hands as treasurer, during his term of office, conditioned 
lor the faithful discharge of the duties of his office, and approved 
by the director and clerk. Whenever the director and clerk shall 
deem the bond of any treasurer iosufficient, they shall demand an 
additional bond with the like condition, in such sum as they shall 
fix, which shall thereupon be executed, approved, and filed in the 
manner aforesaid within ten days after such demand. The neglect 
or refusal to file such bond io either case shall vacate the office : 
Provided, that no person employed as a school director, clerk, or 
teacher, shall hold the office of school treasurer in the same dis- 
trict.* 

A neglect to file the bond, completed and approved, within ten 
days, as the law directs, vacates the office. Piling it with the ap- 
proval of one member of the board only, or after the time expires, 
is of no effect. It is obviously improper for either the director or 
the clerk to become surety for the treasurer. 

The power granted the clerk and director, by this section to 
require an additional bond, when deemed necessary, should be 
exercised whenever the interests of the district demand it. No 
good citizen will regard the exercise of this power as an imputa- 
tion upon his character. Whenever the security on the bond is 
not such as the law requires, it is obviously the duty of the treas- 
urer to furnish additional security, and it must be done promptly, 
within ten days, just as in the original filing of the bond. 

When the office is vacated from either of the causes named, the 
board will appoint a treasurer, who will be subject to the same 
conditions, and possess the same powers as if elected to the office. 

The provision at the end of the section is an amendment made 
by the legislature of 1879. It would more appropriately have- 

* See Forms Nos. 22 and 23. 



64 



been added to section 431. It is referred to and commented upon 
in connection with that section. 

Section 444, The treasurer of each school-district shall apply 
for and receive from the town treasurer all school money appor- 
tioned to the district or collected for the same by said town treas- 
urer, and pay all money received by him on the order of the 
clerk, countersigned by the director, and not otherwise. He shall 
keep a book in which he shall enter all the money received and 
disbursed by him, specifying particularly the sources from which 
the same has been received, the persons to whom, and the object 
for which the same has been paid, and shall afford the clerk ac- 
cess thereto, when desired, to enable him to make his annual 
school report. He shall present to each annual meeting, a report 
in writing, containing a statement of all moneys received by him 
during the preceding year, and of each item of disbursement 
made by him, and exhibit the voucher therefor. At the close of 
his term of office, he shall settle with the district board, and de- 
liver to his successor said book and all vouchers, orders, and pa- 
pers coming into his hands as treasurer, together with all money 
remaining in his hands as such treasurer. 

The district treasurer can ascertain the amount of money to 
which his district is entitled, by examining the certificate of ap- 
portionment on file in the town treasurer's office, which that officer 
receives from the town clerk. The district treasurer should pay 
all legal orders in the order of presentation, when no special di- 
rection appears upon the order to the contrary. 

The law now requires the treasurer to give the clerk access to 
his books, in making his report. 

It is a duty which the treasurer owes to himself, as well as to 
bis district, to keep an accurate record of his accounts, so as to be 
able to present a clear and satisfactory statement of the transac- 
tions of the year. The account required to be kept by him, may 
be a simple cash account, in which the trea.s\irer personally, and in 
his individual name is charged with all school moneys received 
by him, and credited with each payment, specifying the date, the 
person to whom and the account on which it was made. It is 
convenient and will conduce to accuracy to number each credit 
consecutively, and to affix the same number to the order to be 
produced in proof of payment, and in support of such payment. 
This account should be kept in a baok well bound, and a tran- 
script of such account should be made, and with the proper 



65 

vouchers, presented to the annual meeting. This transcript 
should be examined by a committee appointed by the meeting, 
and should be endorsed by said committee as having been exam- 
ined and found correct, if the committee find it regular in all re- 
spects. When at the close of his term of office, he settles with 
the district board as required by law, the board should enter, upon 
the original account in the blank book, their certificate that they 
have examined such accoant up to and including the last preced- 
ing entry (giving its date) and the vouchers therefor, and that they 
find the same correct. 

It is deemed proper to refer here to the present law in regard to 
embezzlement. Eefusal of an officer or other person, made the 
custodian of money, to pay over the same on lawful demand, is 
declared to be embezzlement, and is punishable by imprisonment 
or fine. And if any person so demanding money and refused 
the same, neglects to make com.plaint against such officer, he is 
also punishable by imprisonment or fine. Sections 4418-4421 
of the revised statutes relate to this matter. It will be seen by 
section 963, that whenever any judgment has been rendered 
against the treasurer for any breach of the conditions of his bond, 
the governor may declare the office vacant. The vacancy will be 
filled as other vacancies in the district board are filled. 

Section 4A5. The treasurer of any school-district shall pros- 
ecute the town treasurer of the town in which such district or 
any part thereof is situated, for the recovery of any money be- 
longing to such district, in all cases when such town treasurer 
shall refuse or neglect, for the space of ten da^^s from the time 
fixed by law therefor, to pay the same to the proper officer of 
such district. 

The treasurer will bring the action before a justice of the peace, 
if the amount withheU does not exceed $200; otherwise, in the 
circuit court. 

CLERK. 

Section 446. It shall be the duty of each school-district clerk : 

1. To report the name and post-office address of each officer of 
his district to the town clerk, or if a joint district, the town clerk 
of each town in which his district or any part thereof is situated, 
within ten days after the election or appointment of such officer. 

2. To act as clerk when present, and record the proceedings of 

5 



66 



each district, and minutes of all meetings, orders, resolutions, and 
other proceedings of the district board, in the record book pro- 
vided by the board, and to enter therein copies of all reports 
made by him to the town clerk. 

3. To make in such bo)k, or in some other suitable one, a 
record of all orders drawn upon the treasurer. 

4 To draw orders on the treasurer for money in his hands 
which has been apportioned to or raised by the district for that 
purpose, in payment, when due, of the wages of legally qualified 
teachers who have been employed by the board, and have taught 
the school of such district, and also to draw orders on the treas- 
urer for money in his hands, to be disbursed for any other pur- 
pose, voted by a district meeting, according to the provisions of 
section four hundred and thirty, and each order shall designate 
the object for which and the fund upon which it is drawn, and 
shall be countersigned, by the director. No order shall be drawn, 
countersigned, or paid which is in favor of any person who has 
taught school in said district when not holding a certificate of 
qualification therefor, as provided by law, nor for the payment of 
which the money has not been appropriated according to law, 
and no order shall be drawn for any money received from the 
school fund income, for any other purpose than payment of teach- 
ers' wages.* 

5. To furnish, at the expense of the district for the use of each 
teacher, a school register in the form prescribed by the state super- 
intendent, to procure the same to be returned to him at the ex- 
piration of the teacher's employment, and to preserve the same 
with the records and papers of the district. 

6. To perform such other duties as are or shall be imposed 
upon him by law. 

The duties of the clerk are such that the prosperity and har- 
mony of the school of his district depend greadj upon the man- 
ner in which he discharges them. 

The name and posL-office address of each district officer should 
be known fo the town clerk, to enable him to hold official corre- 
spondence with them. 

The importance of full and accurate records cannot be too 
strongly enforced. The record book of the district should contain 
a full history of its school affairs. Dates, names, resolutions, 
votes, etc., should be given with such exactness that no trouble 
can arise which a reference to its pages will not help to settle. 
Financial statements and reports should be spread out on the 
record book. Documents that are merely filed, are soon lost. 

• S«e Form No. 24. 



67 

The derk cannot properly refas3 to record the proceedings of a 
meeting that he was opposed to calling. And although he may 
think the proceedings illegal, it is his duty, nevertheless, faithfully 
to record them. If illegil, they may be set aside by competent 
authority, on appeal ; and the record of the clerk is of importance 
in deciding the question. 

As the board has no authority to contract with a teacher who 
does not hold a legal certificate of qualification, so also any use of 
public funds, from whatever source received, for the payment of 
teachers not legally qualified, is a palpable violation of law. It is 
the duty of ths clerk to see and know that the perjon employed 
is legally qu-alified and entitled to teach, before any oider for pay- 
ment is drawn. It is no less the duty of the director to refuse to 
countersign, and of the treasurer to refuse to pay, orders drawn in 
violation of law ; and these officers are bound to know that orders 
are legal before they recognize them as valid. 

The order for payment of teachers' wages can be drawn only 
in favor of the teacher. If he is desirous to apply his wages to 
the payment of a private debt, he can indorse the order to his 
creditor, but it is for him, and not for the clerk, to distribute his 
wages. 

The provision and preservation of a school register is impor- 
tant, and should be promptly attended to. The duties of the clerk 
as to his report are stated under section 462. 

Every clerk of a district should feel tha*-, by a proper discharge 
of his duty in keeping his records with fidelity and neatness, he 
may leave an honorable memorial ot himself that shall last while 
his district exists. More especially may this be expected when 
he is paid for his services. 

WHAT SHALL BE TAUGHT. 

Section 447. Orthography, orthoepy, reading, writing, gram- 
mar, geography, arithmetic, the constitution of the United States, 
and the constitution of this state shall be taught in every district 
school, and such other branches as the district board may deter- 
mine. All instruction shall be in the English language, except 
that the district hoard or the board of education of any incorpo- 
rated village or city may, in their discretion, cause any foreign 
language to be taught by a competent teacher to such pupils as 
desire it, not to exceed one hour each day. 



68 

The law wisely provides that those branches essential to a good 
common education shall be taught in every public school, and 
that all branches of study shall be taught in the English language. 

The district board should avoid the introduction of any branch 
of study, aside from those required by law, which will tend to 
practically exclude the foregoing. They should insist upon the 
school being so conducted as to secure daily instruction and daily 
practice in reading, spelling, and writing. These branches are 
often neglecteJ, and others, such as algebra, Latin, and rhetoric, 
are introduced, to the detriment of all the scholars in the school. 
It is especially necessary that teachers should require their pupils 
to write in connection with every school exercise, from the primary 
school to the university. 

The law contemplates an English school. The object of the 
public school is to educate children so as to make them good 
citizens. Its instruction, discipline, and government must be of 
such a character as to prepare the young to discharge their duties 
as citizens of a country where the language of the courts, the 
lestislature, and the people, is the English language. To secure 
the requisite ability on the part of the teacher to carry out this 
provision of the law, section 449 provides " that no person shall 
receive a certificate of any grade who does not write and speak 
the Ensflish langruaore with facility and correctness." Teachers 
who speak other than the English language, may be employed, 
and their knowledge of German or Norwegian may be of great 
use in teaching the children of these nationalities, but every 
teacher must speak, write, and read English before he is legally 
qualified to teach a public school. 

The law does not require that the constitutions shall be taught 
to all pupils, irrespective of age, but to such as are advanced 
enough to receive instruction with benefit. Text-books are no 
longer furnished for this purpose at the expense of the state. 

In consequence of the large and increasing number of persons 
of foreign birth in this state, the law provides that one hour in 
each day may be given to instruction in foreign languages. The 
intention of this provision is not to encourage, but rather to limit 
the introduction of other languages than the English into common 



69 



schools. While it is natural that persons of foreign birth should 
wish their children to read as well as speak their native tonjrue, it 
is the policy of the state to provide that all may learn the com- 
mon language of the country. The provision in question is not 
intended to affect instruction in the classical or modern languages, 
when the same form a part of a course of study in high schools. 

III. CERTIFICATES AND EXAMINATIONS. 

Section -148. Every person who shall desire to teach in any 
of the common schools, unless he shall hold a dip'oma or certifi- 
cate then authorizing him to teach, shall procure such certificate 
from the proper examining officer, as hereinafter provided; and 
no certificate shall have force, except in the district of the exam- 
ining officer who issued the same. 

The comments on section 438 are referred to in this connection. 
Teachers as well as school officers should see to it that the law in 
regard to certificates is carefully complied with, and never attempt 
to begin a school without one, although encouraged to do so by a 
school board. The only safe and pradent course is to obtain the 
certificate in due season, though it may require some trouble and 
expense. 

Section 449. There are hereby established three grades of 
teachers' certificate?, to be known as certificates of the first, sec- 
ond, and third grades. Each certificate shall show the branches 
in which the holder has been examined, and his relative attain- 
ments in each branch. No person shall receive any certificate who 
does not write and speak the English language with facility and 
correctness. 

Section 450. Every applicant for a certificate shall be ex- 
amined in the subjects hereinafter mentioned for the several grades 
respectively as follows: For the third grade, in orthoepy, orthog- 
laphy, reading, penmanship, arithmetic, English grammar, geog- 
raphy, the history of the United States, the constitution of the 
United Slates, the constitution ol the state of the Wisconsin, 
and the theory and art of teaching. For the second grade, in all 
the foregoing, and also in grammatical analysis, physiology, 
physical geography, and elementary algebra. For the first 
grade, in all the foregoing, and also in higher algebra, nat- 
ural philosophy, and geometry; and if found qualified, shall 
receive the eertifi<iate appropriate to his grade. A third grade 
certificate shall entitle the holder to teach for such period, 
not more than one year, as may be specified therein, in any 



ro 



town in the superintendent district in which he is examined 
except that it may be limited bj the county superintendent to any 
town or school-district therein. A second grade certificate shall 
entitle the holder to teach in any 'town in such superintendent 
district, and be in force one year from its date. A first grade 
certificate shall entitle the holder to teach in any town in such 
superintendent district, and be in force two years from its date. 

Candidates for a full tldrd grade certificate should be required, 
as the minimum of qualifications, to spell correctly the words of 
any ordinary sentence, dictated by the examiner, to know some- 
thing of the rules of spelling, to understand the use of capitals, 
and the diacritical marks in Webster's Dictionary ; to pronounce 
with facility and correctness common words, and to read distinctly 
and intelligibly from an ordinary book ; to work readily the less 
difficult questions in common arithmetic, giving reasons for the 
operations ; to parse correctly any sentence of common prose, and 
to understand the elements of sentential analysis; to have a fair 
knowledge of geography, especially of the United States, and of 
this State, of the history, of the country, and of the constitu- 
tions of the United States and of Wisconsin ; to write plainly 
and to know something of the principles of penmanship; and 
finally, to have some correct ideas of methods of teaching and of 
the management of a school. 

Applicants for a second grade certificate should understand more 
thoroughly the rules of spelling, pronunciation, and elocution, the 
diacritical marks, and marks of punctuation ; should spell all 
common words though difficult, and be able to read with intelli- 
gence and expression ; they should write a good hand, and be 
able to teach some good system of penmanship ; they should 
thoroughly understand higher arithmetic, and be able to teach 
book-keeping by single entry ; they should write grammatically 
and compose with facility, and should have, in addition to a 
thorough knowledge of the branches required for a third grade 
certificate, a good knowledge of the additional branches required 
for the second grade, more especially of physiology and hygiene. 

For a first grade certificate, the law requires a knowledge of 
higher algebra, natural philoiophy, and geometry, in addition to 
the branches required for the lower grades, and the examination 
in the common branches should be thorough and searchinsc. 



71 

It would not be amiss if the law had provided that certificates 
of the first grade shall be granted only to those who have had 
experience in the profession, and who have been eminently suc- 
cessful in the government of schools, but it has not done so. 

The third grade certificates were intended for temporary 
licenses, to be granted to persons of limited attainments, but the 
result proves that too many teachers and officers are content with 
this grade. Earnest efforts are needed on the part of the super- 
intendents to bring about a better state of things, and to induce 
more teachers to seek certificates of a higher grade. District 
officers can greatly contribute to this result by seeking the best 
teachers, and they will find it the best economy in the end, 
although wages paid to such teachers may be higher. 

Under the law as it now stands, the third grade certificate en- 
titles the holder to teach for such j^eriody not more than one year, 
as may be specified therein, in any town in the county or super- 
intendent district; but it may be limited to any town or school 
district", at the discretion of the examiner. These limited third 
grade certificates should be granted only when necessity requires. 

Second grade certificates will continue in force one year, and 
first grade two years, unless sooner annulled. 

Section 451. Each county superintendent shall, under the ad- 
vice and direction of the state superintendent, establish for his 
county the standard of attainment in each branch of study, which 
must be reached by each applicant, before receiving a certificate 
of either grade, and the standard so established shall be uniform 
in the superintendent's district. He may demand an examina- 
tion in such additional branches as the applicant maybe required 
to teach, and whenever he shall deem it necessary may require a 
re-examination of any- teacher in his district for the purpose of 
ascertaining bis qualifications to continue as such teacher. 

Much must be left to the discretion of the superintendent as to 
the standard to be fixed. The state superintendent will always 
advise, as far as able. Uniformity of standard for the county does 
not require identity of questions. These may require to be 
changed, even during the same season. It will of course be the 
effort of the superintendent to raise the standard, as fast as the 
general progress in education will adm.it. 

It is not supposed that any superintendent will capriciously re- 



72 

quire re-examination, nor that he will not give proper faith and 
credit to the work of liis predeeessor ; but cases may arise in which 
duty will require such re-examination. 

Sejtion" 452. Any applicant refused a certificate as a teacher 
by the county superintendent, may apply to the state superintendent 
for a re-examination. The superintendent, upon demand, shall 
give any applic:int refused a certilicite a written statement of the 
reasons of such refusal, which shall be presented to the state su- 
perintendent by the person desirin;? re-examination. If, upon 
such re-examination, the state superintendent shall be satisfied 
that such applicant is legally qualified, he shall issue a certificate 
of the proper grade, which shall entitle him to the same privileges 
as if it had been issued by the county superintendent. 

An appeal from the action of a county superintendent in refus- 
ing to grant a certificate, must be conducted according to the 
rules and regulations of the department governing appeals. As 
the county superintendent fixes the standard of attainments 
under the advice of the state superintendent, no appeal need be 
taken, under the impression that the standard will be lowered. 

If the refusal is for want of literary qualifications, a re-exam- 
ination will probably be necessary. If for other reasons, the de- 
cision will be rendered according to the evidence submitted. The 
forms and rules to be observed by a teacher in taking an appeal 
will be found under section 497. 

Section 453. When any charge shall be made against any 
teacher in his district, affecting his moral character, learning, or 
ability to teach, the county superintendent shall give to such 
teacher, and the district board by whom he is employed, at least 
ten days' notice in writing, of the time and place when and where 
he will hear the same, which shall in all cases contain a statement 
of such charges. At the time and place fixed in such notice he 
shall proceed to hear the proofs on either side, and may adminis- 
ter oaths therefor, and give the accused a reasonable opportunity 
to defend himself, and if he shall find the charges sustained, and 
sufficient, he may annul his certificate. Such armulling of a cer- 
tificate shall not disqualify the teacher until notice thereof, con- 
taining the name, date, and reasons therefor, shall be filed in the 
office of the town clerk, and a copy thereof delivered to the clerk 
of the district in which such teacher is employed. 

STATE CERTIFICATES. 

Section 454. The state superintendent shall, before the sec- 
ond Wednesday of August in each year, appoint three competent 



73 

persons, residents of this state, who shall constitute a board of 
examiners. Said board shall meet at the capitol once or more 
each year, at such times, and also at such other places as the state 
superintendent shall prescribe, for the examination of all applicants 
for state certificates. The state superintendent shall prescribe the 
manner of making application, of conducting and managing such 
examination?, and reporting the results thereof, and with the ad- 
vice of the examiners, in what branches of study, in addition to 
those fixed by law, the applicant for an unlimited state certificate 
shall be examined. 

Section 455. To entitle an applicant to a limited state certifi- 
cate, the examiners shall be satisfied, and shall report to the state 
superintendent that he possesses the requisite scholarship in all 
the branches of study required for a first grade county certificate, 
and also in mental philosophy and English literature. To entitle 
him to an unlimited state certificate, they shall be satisfied and 
report that he possesses the requisite scholarship in all the 
branches above named, and in all such others as shall have been 
prescribed. After successful examination each applicant shall 
furnish to the state superintendent such evidence as he may 
require of good moral character, experience, and success in teach- 
ing, and thereupon the state superintendent shall issue to him 
such certificate as is awarded him by the report of the examiners. 
A limited state certificate shall qualify to teach in any public 
school in the state without further examination, for five years 
Irom its date, unless sooner annulled. An unlimited state certifi- 
cate shall qualify to teach, without any further examination, in~ 
any public school in the state, or until the same is annulled. 

Section 456. The state superintendent shall record the date 
of each certificate, and the name, age, and residence of the person 
to whom issued ; and he shall preserve on file in his office all 
papers relating to the examination of applicants for state certifi- 
cates. 

Section 457. Any state certificate may be revoked by the 
state superintendent for incompetency or immoral conduct; but 
before any such revocation, the holder shall be served with a 
written statement of the charges against him, and shall have an 
opportunity for defense. 

Section 458. There shall be paid out of the state treasury, to 
each examiner appointed as aforesaid, three dollars per day for 
all time actually and necessarily spent in going to, holding, and 
returning from any such examination, and all his actual and 
necessary expenses therein to be fixed and certified by the state 
superintendent. 

Since 1872, there have been two grades of state certificates. 
Applicants for either grade are required to present satisfactory 
evidence of good moral character. 



74 

The present requisites for obtaining a limited state certificate, 
good for five years in any public school in the state, are a suc- 
cessful examination in the studies now required for a first grade 
county certificate, with the addition of English literature and 
mental philosophy, and satisfactory evidence of success in teach- 
ing for at least three ordinary school terms. The rudiments of 
mental philosophy only are required. For the unlimited certifi- 
cate, the rudiments of botany, geology, and political economy, 
and general history are added. Evidence of success in teaching 
nine terms will also be required. 

Under the present rules, an examination in zoology and chem- 
istry is not required. 

When an applicant is pers Dually known to the state superin- 
tendent, or to either member of the board of examiners, as hav- 
ing a good moral character, no specific testimony will be required ; 
but when not thus known, written testimonials from one or more 
responsible persons acquainted with the applicant, must be pre- 
sented. 

In respect to the length of time that an applicant has taught, 
his own declaration, giving the lime, place, and kind of school, 
will be sufficient. 

The proof of success in teaching must be clear and explicit. 
Written testimonials from employers, or other responsible and 
competent persons, will be required. 

The examination will be conducted by both oral and printed 
questions, in such manner that exact justice will be done to each 
applicant. 

Applicants who fail in any of the branches required, may pre- 
sent themselves for re examination in the branches for the limited 
certificate, within one year; and for the unlimited certificate, once 
within two years. A reexamination in those branches in which 
tbej'' have been successful, will not be required. 

The necessary stationery, etc., will be furnished by the stata 
superintendent, and no fee will be charged for certificates. 

An unlimited state certificate entitles the holder to teach in any 
public school in the state, and will be valid during life, unless 
revoked for incompetency or immorality. The limited certificate 



75 



is subject to the same conditions as the unlimited one, and con- 
fers the same privileges for a period of five years. 

It is the object of the law to recognize and honor those experi- 
enced and successful teachers who have given character to their 
profession, and to furnish to young teachers a proper incentive to 
honorable exertion. 

It is hoped that through the hearty co-operation of all persons 
interested in the subject, the objects of the law may be fully 
realized, and tlat the standard of teachers' qualifications may be 
essentially raised, and mere clearly deSned. 

DIPLOMAS AND STATE CERTIFICATES. 

As diplomas from the normal schools, from the state univer- 
sity, and from other colleges and universities in the state, may 
become state certificates, so much of the law as relates to the 
matter is inserted here, including an act passed at the last session 
of the legislature. 

First is given section 405 of the revised statutes, relative to 
diplomas granted by the board of regents of normal schools : 

Section 405. Said board may grant diplomas in testimony of 
scholarship and ability to teach, but no such diploma shall be 
granted until such graduate shall have passed a thorough and 
satisfactory examination in the course of study prescribed by the 
board. When any such graduate has, after receiving such di- 
ploma, taught a public school in this state one year, the state 
superintendent may, after such examination as to moral character, 
learning, and ability to teach, as to him may seem proper, coun- 
tersign the diploma of such teacher, and thereafter such counter- 
signed diplcma shall be evidence of his qualifications to teach in 
any common school, and shall have the force and effect of an un- 
limited state certificate. The said board may also, on such con- 
ditions as they may determine, grant a certificate of attendance, 
certifying that the holder has completed the elementary course in 
a normal school, and is qualified to teach a common school; and 
the said superintendent may, upon conditions above prescribed 
respecting diplomas, countersign such certificate, and thereafter 
such countersigned certificate shall be evidence of his qualification 
to teach in any common school of the slate, and shall have the 
full force and effect of a limited state certificate. 

Next is given so much of section 887 of the revised statutes, as 
relates to diplomas granted by the board of regents of the univer- 
sity : 



76 



Section 887. * * * After any person has graduated at 
the state university, and, after such graduation, has successfully 
taught a public school in this state for sixteen school months, the 
superintendent of public instruction shall have authority to coun- 
tersign the diploma of such teacher, after such examination as to 
moral character, learning, and ability to teach, as to the said 
superintendent may seem proper and reasonable. Any person 
holding a dif)loma granted by the board of regents of the state 
university, certifying that the person holding the same is a grad- 
uate of the state university, shall, after his diploma has been 
countersigned by the state superintendent of public instruction 
as aforesai(J, be deemed qualified to teach any of the public 
schools of this state, and such diploma shall be a certificate of 
such qualificatioa until annulled by the superintendent of public 
instruction. 

The law passed at the last session of the legislature, providing 
that diplomas granted by other colleges and universities of the 
state, may become state certificates, is as follows : 

Chapter 209, Laics of 1880. 

AN ACT authorizing the granting of state certificates to graduates of col- 
leges and universities. 

Section 1. After any person has graduated at any incor- 
porated college or university located in the state of Wisconsin, 
whose courses of study are fully and fairly equivalent to the cor- 
responding courses of study in the state university, and after 
such graduation has successfully taught a public school in this 
state for sixteen school months, the superintendent of public in- 
struction shall have authority to countersign the diploma of such 
teacher, after such examination as to moral character, learning, 
and ability to teach, as to said superintendent may seem proper 
and reasonable, and after having ascertained that the course of 
study from which such person has graduated, is fully and fairly 
equal to the corresponding course in the state university. 

Section 2. Any person holding a diploma granted by any 
such aforesaid college or university, certifying that the person 
holding the same is a graduate of such college or university, shall, 
after his diploma has been countersigned by the state superin- 
tendent of public instruction as aforesaid, be deemed qualified to 
teach any of the public schools of the state, and such diploma 
shall be a certificate of such qualification until annulled by the 
superintendent of public instruction. 

The statute relating to diplomas granted to graduates of the 
normal schools, allows such diplomas to become unlimited state 
certificates after the holder has taught successfully one year. The 
ruling of the state superintendent is that one year shall be under- 



77 

stood as not less than eight school months. This applies to the 
diplomas granted to those who have taken the full or four years 
course. In like manner, and on the same condition of having ■ 
taught one year, the certificate granted to those who complete the 
elementary course may become a limited state certificate. 

The statutes in regard to diplomas granted by the state univer- 
sity and other incorporated colleges and universities of the state, 
prescribe that the holder shall have taught sixteen school months, 
before such diplomas can be countersigned and become state certi- 
ficates. A school month is understood to be twenty days in 
length. 

In regard to moral character, length of time that the graduate 
has taught, and his success in teaching, the rules by which the 
state superintendent is governed in countersigning diplomas, are 
similar to those announced in the comments on the law as to state 
certificates granted on examination. These comments are found 
on page 74. 

teacher's month and loss of time. 

Section 459. In settlement for wages between teachers and 
district boards, and others employers of teachers in the public 
schools, twenty days of teaching shall constitute a school month, 
unless it be of.herwise specified in the contract; and all legal holi- 
Hays occurring on school days shall be counted, although no school 
be taught, but no Saturdays shall be counted. The district board 
may, in their discretion, give to any teacher employed, without 
deduction from his wages therefor, the whole or any part of his 
time spent by him in attending the sessions of any institute held 
in the county embracing the school-district, or any part thereof, 
upon such teacher's furnishing to the district clerk, to be filed by 
him, a certificate of regular attendance upon such institute, signed 
by the person conducting the same. 

Both school boards and teachers should take notice that the 
teacher's month is always 20 instead of 22 days, unless it be 
otherwise specified in the contract ; also, that all legal holi- 
days, but no Saturdays, are to be counted. The legal holidays 
are named in the comments on section 462. 

It is recommended to school boards to exercise the power here 
given to them, and allow teachers to attend institutes without de- 
ducting all the time. The schools will be the gainers by this 



78 

general policy. The certificate of attendance required by the law 
should be produced by the teacher, before his wages are paid. 

THE SCHOOL REGISTER. 

Section" 460. Every teacher employed by a district board 
shall enter in the school register the names, ages, and studies of ail 
scholars attending scho ;1, and daily, their attendance and absence, 
and such other facts as the county superintendent or the state 
superintendent may require; which register the teacher shall de- 
liver to the clerk at the time he shall cease to be employed by 
such district, or at any other time when the same may be required 
for the use of the district board ; and the teacher shall make in 
writing, and transmit to the district board, or to the county su- 
perintendent, a report concertiing any matter relating to his school, 
in such form and manner as the board or superintendent may 
prescribe, and an}^ teacher who shall willfully neglect or refuse to 
make the proper entries in the school register as above required, 
shall forfeit his wages for teaching during the time of such neglect 
or refusal. 

It is the duty of the clerk to furnish the teacher promptly with 
the register, and to call his attention to this section of the school 
law, which provides that, for willfully neglecting or refusing to 
comply with its requirements, he shall forfeit his wages during 
such neglect or refusal. 

The form of a school register is given in the app='ndix (No. 25). 
E3onomy wdl be the best subserved in the end, if a good and sub- 
stantially bound book is procured for this purpose. Registers are 
not supplied by the Department of Public Instruction, but may be 
obtained at the bookstore?, or of firms that deal in school supplier. 

The clerk should require the teacher to return the school regis- 
ter at the end of the term for which he is employed, and should 
ascertain that it has been properly kept, before he draws an order 
on the treasurer in payment of the teacher's wages. He should 
also frequently examine the register during the term, in order to 
secure that accuracy in the method of keeping it, which will en- 
able him to make a reliable report to the town clerk. Teachers 
are required by this section to render reports relating to their 
schools, and a refusal so to do is sufficient cause for annulling a 
certificate or discharging the teacher thus violating the law. 



79 



IV. THE COUNTY SUPERINTENDENT. 

Section" 461. It shall be the duty of every county superin- 
tendent : 

1. To examine and license teachers in his district, and to annul 
certificates as provided by law. 

2. To visit and examine each district, and all the schools in his 
district at least once in eac!i year, and as much oftener as may be 
iieces?ary : to inquire into all matters relating to the management, 
course of study, mode of instruction, text-books, and discipline of 
such schools, and the condition of the school houses, sites, and 
out-buildings and appendages, and of the distnct generally; to 
advise with and counsel the district boards in relation to the con- 
struction, warming, and ventilation of school-houses, and the im- 
proving and adorning of the school grounds, and to recommend 
to school officers and teachers the proper studies, disciplme, and 
management of schools. 

3. To direct, after proper examination, the district board to 
make any alteration and repairs which shall in his opinion be nec- 
essary to the health, comfort, and progress of the pupils, and to 
abate any nuisance in or upon the premises, providing the same 
can be done at an expense not exceeding twenty-five dollars, 

4. To make an order in concurrence with the chairman of the 
town board in which any school-house is situated, which they 
shall deem unfit for school purposes and not worth repairing, de- 
claring such fact and reciting the reason therefor. They shall de- 
liver such order to the clerk of the district, and transmit forthwith 
a copy thereof to the clerk of the town, and also to the state 
superintendent. Such order shall take efiiect from its date, unless 
within thirty days after it is delivered to the district clerk the 
same shall be reversed by the state superintendent for cause 
shown, and from the time said order shall take effect the district 
shall not share in any apportionment of the school fund income 
for any school kept in any building so declared to be unfit for 
school purposes. 

5. To report annually to the board of supervisors of his county 
the condition of the .schools under his supervision. 

6. To receive from the town, city, or village clerk, the abstracts 
of the reports of the district clerks required to be made by law, 
and to transmit the same to the state superintendent; and before 
the first day of May in each year, to transmit to the state superin- 
tendent the name and post-ofiice address of each town clerk in his 
district, and from time to time such other facts relating to educa- 
tion in his district as the state superintendent shall require. 

7. To organize and conduct at least one institute for the in- 
struction of teachers in each year, and to advise in all questions 
arising under the operation of the school laws in his district. . 



80 

8. To divide his district into inspection districts bounded by- 
town lines, and containing not more than four towns each, where 
the number of schools in his district, including graded schools, 
shall exceed one hundred and fifty; but to form not more than 
four inspection districts, if the number of schools is less than one 
hundred and fifty ; not more than three, if the number is less 
than one hundred; to hold in each inspection district at least two 
meetings in each year for the examinaiion of teachers, and to fur- 
nish each district clerk in the same a written notice of each 
meeting, to be posted by him in some conspicuous place in his 
district. Such notice shall contain the names of the towns em- 
braced in the inspection district to which it relates, and the time, 
place, and objects of the meeting. The examination of the 
teachers thus held shall be public, and shall be conducted by oral 
and written questions and answers, which shall be uniform in his 
district. Wiienever, for any cause satisfactory to the county 
superintendent, any person desiring a certificate as a teacher, shall 
be unable to attend upon such examinations, he may be examined 
at any time fixed by him, and if found qualified by law to teach, 
may receive a certificate of the proper grade, which shall remain 
in Ibrce until the next regular examination in such inspection 
district." 

Id the discharge of the duties imposed upon county superin- 
tendents by this important section, these ofiicers will find oppor- 
tunity for doing inestimable good. To properly perform them 
will require the exercise of patience, prudence, and firmness, and 
generally the assiduous employment of all their time. In this 
way alone will they secure the confidence of the people. 

EXAMINATION OF TEACHERS. 

1. The examination of teachers should be confined to ascertain- 
ing their qualifications in respect, y^rs;!, to moral character ; second^ 
to learning; third, to ability to teach. 

A superintendent can inflict no greater wrong upon a commun- 
ity than to license a man of immoral character as a teacher. 
When the superintendent is not acquainted with the applicant, 
testimonials as to his moral character should be required, which 
should be explicit, and from persons of unquestionable integrity 
who are intimately acquainted with said applicant. Persons of 
questionable morals and bad manners should never be permitted 
to engage in the business of teaching. The example of the teacher 
influences the character of his scholars, hence it should always 



81 

be'such as to inspire confidence. While no religious test can be 
required, a person who is habitually profane, or sectarian in spirit, 
or uncharitable towards those of a faith different from his own, 
or indiscreet in the utterance of his religious or political views, 
ought not to be permitted to enter a public school as a teacher. 
[Neither should a person receive a certificate of good moral char- 
acter, who is not truthful, temperate, orderly, honest, and prudent. 
A teacher should be courteous, simple in his tastes, kind and con- 
siderate toward the unfortunate, just in his dealings, patriotic, 
public spirited, and pure minded. 

Comments upon the different grades of certificates authorized 
to be given, are to be found under section 450. 

As to the learning of applicants, the law specially sets forth the 
branches in which they must be examined, and the different certi- 
ficates which county superintendents are authorized to grant. The 
method of examioation required is by written and oral questions. 
Questions to be answered by writing should be prepared with 
great care. They should be definite, involving principles rather 
than facts, and sufficient in number to test the knowledge of the 
teacher. The questions are generally printed on slips of paper, 
the superintendent exercising due care to prevent candidates for 
certificates from knowing beforehand what they are. All neces- 
sary preparation should be made, such as providing a room where 
teachers can write; removing all temptation to aid or seek aid ; 
obtaining paper, ink, pens, etc.; seeing that the blackboard is in 
good order, and that rubbers and crayons are at hand, and that 
the room is warmed, lighted, and ventilated. The time appointed 
for meeting should be such as will enable all to be present, who de- 
sign to attend, and no allowance should be made for a failure con- 
sequent upon tardiness or unnecessary absence. The time alloted 
for each set of questions should be stated on the paper containing 
the printed questions, and such rules should be established as will 
preclude communication or interruption during the time of ex- 
amination. 

As a rule, the examiner should not know the name of the per- 
son whose papers he examines. By numbering the candidates 
and requiring them to use the numbers instead of their names in. 
6 



82 



signing their papers, there will be no suspicion of partiality. The 
name and corresponding number of each candidate should be 
•written on a card. The cards should be collected and carefully 
laid aside until the results of the written examination are deter- 
mined; and the owner of each paper may be known by finding 
the name on the card corresponding with the number on the paper. 

All papers should be preserved by the superintendent, and sO' 
arranged that reference may readily be made to them. In case of 
complaint, any errors that may have been committed may thus 
be corrected. 

In "marking" or determining the standing of candidates, ten 
should be taken as the m^iximum. The loriling, punctuation, and 
spelling should be correct. No attainments in science can be 
taken as an equivalent for deficiencies in the " common branches." 

In conducting the examination orally^ such notes should be made 
by the examiner as will enable him to avoid errors of judgment.. 
Pronunciation, choice of words, facilitj'' of illustration, ability tO' 
"use the crayon at the blackboard, power of expression, use of the 
voice, self-possession, manners, and, in general, scholarly culture^ 
are things to be observed in the oral examination. If a person 
does not possess these in some tolerable degree, he cannot teach,, 
and ought not to be licensed. 

If convenient, a class of pupils rniy be present at the place of 
examination, and candidates for certificates may be required to 
conduct class exercises in the presence of the examiner. This 
will afford a good opportunity for the person examined to show 
his methods of teaching. One who fails to stand this test, can 
seldom be trusted with a school. 

In many cases, too little time is given to the examination. No 
person can properly examine twenty or thirty teachers in a single 
day. At least ten hours diligently employed are necessary to 
enable the examiner to pass upon the qualification of twenty 
teachers seeking the lowest grade of certificate. In case the can- 
didates are well known to the county superintendent as teachers 
who have successfully taught school, less time is required. 

A record of all examinations should be kept. The names of 
applicants with their ages and residences, and the grades of those 
licensed, should be carefully and accurately recorded. The dates 



83 



of examinations and of certificates ought to be preserved'as a 
portion of the permanent records of the office, and all papers rela- 
ting directly or indirectly to examinations, should be preserved, 
arranged, and filed for future reference. 

The superintendent should invite persons of suitable qualifica- 
tions to aid him in the oral examination, and thus excite an inter- 
est in the town where the examination is held. 

" Ability to teach," involves more than mere learning. One 
whodoes not speak the English language with fluency, correct- 
ness, and good taste, cannot teach the branches required "in the 
English language," as the law provides. It also involves knowl- 
edge of the usages of society and of the rights of parents and 
children ; also, of the laws relating to public schools, property, 
reputation, and life. To teach requires courage, fortitude, for- 
bearance, discretion, and patience ; hence, granting certificates to 
boys and girls is a violation of the spirit of the law, and shows a 
want of common sense. Too many of our public schools are in 
charge of those who lack all the important qualities constituting 
a true teacher, and whose qualifications are limited to ability to 
to spell, read, write, parse, and cipher. 

ANNULLING CERTIFICATES. 

The power conferred by law upon county superintendents to 
annul certificates, should be exercised with discretion and firm- 
ness. 

Deficiency in learning or ability to teach, or immoral character, 
constitutes a ground for annulment. If a teacher's deficiency 
relates to learning, and it is within the knowledge of the superin- 
tendent, he should re-examine him ; and if it relates to bad 
morals, he should investigate the matter, giving the teacher proper 
notice; and if he fails to exculpate himself, his certificate may be 
annulled. In case of complaint made to the superintendent by 
others, the teacher should receive notice of the time and place at 
which he will be examined, and at which proof will be heard on 
behalf of both complainant and teacher. 

When the complaint relates to the moral character of the 
teacher, full opportunity must be given him for his defense. He 
should be made acquainted with the precise charges affecting his 



84 

character, and ample time should be allowed him to prepare 
proofs, and to bring witnesses to explain or disprove the charges. 

The law authorizing superintendents to annul certificates, and 
directing the course to be pursued, is found on page 65. 

The superintendent should not subject the teacher to a public 
accusation, unless some person shall make complaint to him, and 
sustain it by his own oath, or that of witnesses whom he pro- 
duces. All testimony should be reduced to writing. It is for the 
complainant to produce the evidence of the charges he prefers. The 
accused is entitled to the privilege of cross-examining witnesses, 
and is not bound to offer any testimony until something is proved 
against him. 

As an appeal may be taken from the action of the county su- 
perintendent to the superintendent of public instruction, the for- 
mer should take full minutes of the testimony, as it is given, as 
nearly as possible in the language of the witness. 

VISITING SCHOOLS. 

The duty of visiting schools is among the most important of 
those required of the county superintendent. School visitation 
depends for its efficiency upon the manner in which it is performed. 
A stated formal visit does no good, and sometimes does harm. 
A short call, without an opportunity to learn anything of the 
real condition of the school, is useless. 

The visits should be quite unceremoniou?, unexpected to teach- 
ers and pupils, and the superintendent should, besides observing 
the routine of the school room, inform himself in regard to the 
progress and attainments of the pupils. He should examine 
classes in spelling, reading, and writing, in preference to those in 
algebra, French, and rhetoric, and should show both teacher and 
scholars that he attaches more importance to those branches that 
constitute the foundation of education than to those, a superficial 
knowledge of which may be obtained by very poor scholars. The 
teacher's method of classification should be examined. It some- 
times happens that scholars are hastily assigned to the wrong 
class, and there allowed to remain for months, on account of the 
indifference or ignorance of the teacher. If classes can be con- 
solidated with advantage, it should be done, and the superinten- 



85 

deut should feel that he, as well as the teacher, is respDnsible for 
the progress of every school in his county. 

The school register should be examined, and if not kept as re- 
quired by law, such instruction should be given and such meas- 
ures taken as will lead the teacher to keep it in proper form. The 
condition of the school library, apparatus, maps, etc., should be 
ascertained and noted. The desk, blackboards, furniture, stove, 
windows, doors, wood shed, fence, outhouse, etc., should be in- 
spected, and a report of the condition of the school, school-house, 
and surroundings, should be made to the district board in writing. 
Such suggestions as are required may also be made. The district 
officers should be reminded of the annual district report, and the 
necessity of accuracy and promptness in making it should be en- 
joined upon them. The manner in which the district records and 
accounts are kept, should be made a subject of investigation, and 
if necessary, of advice. Attention should be given to the certifi- 
cate of the teacher, and if public money is paid to teachers not 
qualified, the consequences of such disregard of law should be 
pointed out, and measures taken to prevent it. No person has a 
right to teach in a public school who does not hold the certificate 
of qualification required ; no officer has a right to pay a dollar 
upon an order in favor of such unqualified teacher ; the clerk and 
director who draw the order are misappropriating public money ; 
and the duty of the county superintendent is to prevent this un- 
lawful practice. 

The superintendent should seek to remove difficulties growing 
out of changes in district boundaries, family animosities, or dis- 
satisfaction with the action of school officers. He should invite 
the people of the district he is visiting to meet him at the school- 
house, and should then address them upon the educational inter- 
ests of their district. The address should be plain, pointed, and 
pertinent. ISTo adulation or flattery should be indulged in. The 
results of observation and examination should be given with such 
plainness as discretion and good taste will warrant. An effort 
should be made to instruct and improve rather than please. The 
people always respect an earnest, truthful man, but they are mer- 
ciless towards a timid hypocritical one. 

If practicable, a report of the condition of each school should 



86 



be made in writing to the district board. Their attention should 
be particularly called to those things that are necessary for the 
comfort, health, and progress of the children. The school regis- 
ter will furnish, if properly kept, facts that may be made the 
basis of calculations in regard to attendance, absence, irregulari- 
ties, etc., that will be both interesting and instructive. It is also 
well to address a communication to the teacher, commending 
what deserves approval, and calling special attention to those 
things that need correction. 

INSTITUTES. 

It is made the duty of the superintendent to hold institutes, 
and at least one should be held each year. Such preparation 
should be made as will secure a prompt and general attendance. 
A suitable room, well ventilated, properly warmed, and furnished 
with desks, blackboard, etc., is indispensable. By proper effort, 
the co-operation of the people in the vicinity of the place where 
the institute is held, may be secured. Care should be taken not 
to tax the hospitality of the people for the benefit of those not 
engaged in teaching. 

The notice for the institute should suggest to the teachers the 
necessity of bringing with them paper, pencils, note books, and 
such school books as ma}- be required. 

Arrangements should be made for addresses, and if the super- 
intendent deems it advisable, some prominent teachers may be 
secured to conduct the institute exercises. For some years past, 
the board of normal regents has granted aid to institutes out of 
the income of the normal school fund. If preferred, a conductor, 
from one of the normal schools is furnished to take charge of the 
institute, if practicable. 

The programme should, if practicable, bs published with the 
notice, and should be strictly adhered to during the time the in- 
stitute is held. When a conductor is furnished, it is expected 
that he will follow the " syllabus," or general system set forth for 
the purposes of institute work. A portion of each session should 
be devoted to discussion, and the superintendent, or other con- 
ductor, should be prepared to answer such questions in regard to the 
school law and school matters generally, as the teachers may wish 



87 

to ask. Punctuality, regularity, and good order should be main- 
tained, and an effort should be made to render the institute a 
model school in its methods of recitation, instruction, and general 
arrangement and management. 

The county superintendent should preside, a secretary and busi- 
ness committee should be appointed, and in all respects, the in- 
stitute should be a well-ordered and business like body, diligently 
doing its appointed work. No time should be frittered away in 
excursions, picnics, or parties. 

EXAMINATION DISTRICTS, AND PRIVATE EXAMINATIONS. 

To facilitate the examination of teachers, and to lessen the 
trouble and expense to them, the law requires inspection districts, 
and due notice of the time and place of the examinations. It will 
be noticed that the law is so amended as not to require more than 
four inspection districts in some counties, and in others not more 
than three, according to the number of schools. 

Examinations should be public that there may be no suspicion 
of favoritism or neglect. The uniformity in questions required is 
not an identity of the questions submitted to each candidate 
which would generally be impracticable in regard to oral ques- 
tions, and sometimes unadvisable as to the written ones ; but an 
equality, through the county, in the difficulty of the questions 
propounded, and in the thoroughness of the test to which the can- 
didates are subjected. 

Before granting private examinations, the county superinten- 
dent should always satisfy himself that the absence of an appli- 
cant from the public examinations was necessary and unavoidable. 
Although the certificates granted at special examinations are of 
short duration, yet the candidate should not be less thoroughly 
examined than if present at a public examination. Private ex- 
aminations are mostly or quite avoided, by some superintendents, 
by appointing a supplementary examination late in the season. 
Good judgment will be required to avoid, on the one hand, too 
much easiness, and, on the other, an arbitrary exercise of power. 



88 



V. "REPORTS. 

Section 462. It sball be the duty of the district clerk, between 
the first and tenth days of September in each year, to make and 
transmit to the town, city, or village clerk, a written report, dated 
on the first day of September of such year, signed by him and 
verified by his affidavit, showing: 

1. The number of children, males and females, designated sep- 
arately, over the age of four, and under twenty years, residing in 
the district, and the names of the parents, or other persons with 
whom such children resided, respectively, on the last day of 
August preceding. 

2. The whole number of children, males and females, designated 
separately, between the ages of four and twenty years, taught in 
the district school during the year for which such report is made, 
by teachers duly qualified. 

3. The numl)er attending school during the year under the age 
of four, and the number over the age of twenty years. 

4. The whole time, in days, any common school has been 
taught in the district, including holidays, and the whole number 
of days, including holidays, such school has been taught by 
teachers qualified according to law. 

5. The names of all teachers employed during the year ; the 
number of days taught by each, including holidays, and the 
monthly wages paid to each; and the time allowed any teacher 
for attendance on any institute for which no wages were deducted. 

6. The amount of money received from the town treasurer, the 
amount from district taxes, and the amount received from all 
other sources during the year, and the manner in which the same 
has been expended, showing separately the expenditure of school 
money received from the state. 

7. The kind of books used in the school. 

8. Such other facts and statistics in relation to the schools, pub- 
lic or private, in such district as the state superintendent may 
from time to time require. The clerk of each joint school dis- 
trict shall report to the town clerk of each town, a part of which 
is embraced in such district, the number of children residing in 
such part, in the manner set forth in this section, and the number 
of days a school has been taught in the district by a qualified 
teacher ; and the remainder of the items specified in this section 
shall be embraced in the report made by [to] the town in which 
the school-house is situated. 

By chapter 172 of the laws of 1878, the foregoing section, as 
then in force, was so amended as to exclude from subdivisions 1, 
2, and 3, the requirements : first, that the number of children 
from 4 to 7, 7 to 15, and 15 to 20, be reported, and the number 



89 

of each class that have attended school ; and, secondly, that the 
sum of the days' attendance, of children between 4 and twenty, 
and of those under 4 and over 20, be reported. These require- 
ments reappeared in the revision of the statutes, but were again 
eliminated by chapter 107 of the laws of 1879. 

Blank forms for the reports of district clerks are annually pre- 
pared by the state superintendent, with printed instructions in 
regard to the mode of filling them up, and are transmitted 
through town clerks to district clerks. These blanks will, from 
time to time, require other information in addition to that speci- 
fied in the above section, in order to enable the superintendent 
to lay before the legislature a full report of the educational affairs 
of the state. It is of the highest importance that the annual dis- 
trict reports should be promptly completed and deposited with 
the proper town clerk. Some explanations are given below in 
reference to the foregoing subdivisions : 

The school year begins on the first day of September, and 
ends on the last day of August, 

The law requires that the names of parents or other persons, 
with whom children to be enumerated, reside, shall be written. 
The greatest care must be exercised in taking the census of the 
school children of the district. School money is apportioned on 
this census. 

For remarks on residence^ see commentary on sections 428 and 
480. Mere hoarders or lodgers are not to be included in the enu- 
meration of pupils, for they are presumed to belong to families re- 
siding in some other district of the state ; but persons who pay for 
their board and lodging by devoting a part of the day to work, in 
the service of the household, while the rest is spent in attendance 
at school, and loho have no other legal residence, are considered as 
constituting members of the family with whom they reside. It 
must be borne in mind that the enumeration of one year is the 
basis of the apportionment of the next, and hence, children should 
be enumerated in the district that is bound to furnish them instruc- 
tion, that such district may receive an apportionment on their ac- 
count, and care should be taken that the same children are not enu- 
merated in two districts. (See remarks on section 430, under 
subdivision 12.) 



90 



Those children whose parents do not reside in this state, should 
be included in the school census, provided such children reside 
in a family of a district, and not in a mere boarding school or 
other establishment for the purpose of education. Children in an 
orphan asylum are deemed the wards of the incorporated associa- 
tion that has them in charge, and are not to be included in the 
enumeration. Children supported at public charge acquire a res- 
idence in the district where thus supported, and are to be in- 
structed in such district. The law relating to this subject is sec- 
tion 512. 

All persons more than four and less than twenty years of age, 
although themselves the masters or mistresses of families, are to 
be enumerated. 

The law requiring districts with graded schools to hold their 
annual meeting the second Monday in July, does not at all affect 
the provisions of the foregoing section. In making the annual 
report, the school year will be taken to end the 31st day of August 
in such district, the same as in other districts, and the school cen- 
sus will be taken at the usual time. 

The whole number of children who have received instruction 
from legally qualified teachers since the first day of September of 
the year preceding, is to be stated, without regard to the fact of 
their attendance having been long or short, or of their parents 
having been residents or non-residents. 

It is to be hoped that the annual reports will show few in at- 
tendance at school less than four years of age. All that children 
need to learn before they are six years of age ought to be taught 
them at home. 

It is required that the whole number of days a school has been 
taught by a qualified teacher be stated, in order that the town 
clerk may apportion money to such districts only as have com- 
plied with the law. A district, to be entitled to share in the an- 
nual apportionment of the income of the school fund, must main- 
tain a school at least five months of twenty days each, including 
legal holidays, and such school must be taught by a legally qual- 
ified teacher. 

The ]e»al holidays in this state are New Year's day, the 
twenty.-second of February, the thirtieth of May, the fourth of 



9i 



July, the day of general (or fall) election, Christmas day, and all 
days of thanksgiving which are appointed by national or state 
authority. 

The monthly wages paid to a teacher includes all expenses in- 
curred by the district on his account for board. If the district 
boards the teacher, the cost of board is to be added to the amount 
of monthly pay, and the sum of the two items constitutes his 
monthly wages. 

For directions in regard to making the annual report, the clerk 
will carefully study the blanks which are furnished by the Depart- 
ment of Public Instruction. In case a clerk fails to receive the 
blanks needed in time to make his annual report as required by 
law, he should, without delay, notify the state superintendent of 
the fact, that they may be sent. 

The clerk of a joint school-district must report to the town 
clerk of each town, a part of which is embraced in his district, the 
number of children, male and female designated separately, over 
the age of four and under the age of twenty, residing in that part 
of the district lying in the town to the clerk of which the report 
is sent. Care should be taken not to report to any town clerk a 
greater number of children over four and under twenty years of 
age than reside in that part of the district lying within his town. 
In some instances, the whole number of children in a joint district 
is reported to each town clerk, causing the district to receive more 
than its share of school moneys distributed. This should be care- 
fully avoided. 

He must also report to each town clerk whose town embraces 
any part of the district, the number of days a school has been 
taught in his district by a legally qualified teacher during the 
year covered by the report. This is obviously necessary to enable 
the town clerk to determine whether he can legally apportion 
money to the district. 

In addition to the foregoing items, the clerk of a joint school- 
district will report all the other items called for in the general 
blank, to the clerk of the town containing that part of the district 
in which the school-house is situated. 

Section 463. Each town clerk shall, between the fifteenth 
and twenty-fifth days of September in each year, make and trans- 



93 

mit to the county superintendent of the county or district in 
which his town is situated, a report bearing date on the fifteenth 
day of said month, stating: 

1. The whole number of scho^)!- districts separately set off 
within the town, and the number of parts of joint districts. 

2. The districts and parts of districts from which reports shall 
have been made, within the time limited for that purpose. 

3. The length of time a school shall have been taught in each 
of such districts or parts of districts. 

4. The amount of public money received in each. 

5. The number of children taught in each, and the number of 
children over the age of four, and under the age of twenty years 
residing in each. 

6. The whole amount of money received in the town for school 
purposes, since the date of the last preceding report, setting forth 
separately the amount received from the state through the county 
treasurer, the amount levied by the county board, and the amount 
raised by the town at its annual meeting. 

7. The amount of money raised by district tax for school pur- 
poses. 

8. The manner in which said moneys have been expended, and 
whether any, and what part, remains unexpended, with such other 
information as the state superintendent may require, and as may 
be reported to him by the district clerks. 

Blank reports, prepared by the state superintendent, are annu- 
ally sent to town clerks. Such instructions as are needed always 
accompany the blanks. 

In towns which have adopted the " township system of school 
government," the report required in the foregoing section will be 
made by the " secretary of the town board of school directors," 
as provided in section 537 of the revised statutes. 

Section 464. Each county superintendent shall, on or before 
the tenth day of October in each year, make and transmit to the 
state superintendent a report in writing, setting forth the whole 
number of towns in his district, distinguishing those from which 
the required reports have been made to him by the town clerks, 
and containing an abstract of their reports, and also embracing 
an abstract of the annual report of the secretary of each free high 
school in such district, and file a copy of such report in the office 
of the county clerk, and also within the time above mentioned 
make and deliver to the county treasurer a written statement of 
the whole number of children in each town over the age of four 
and under the age of twenty years, returned from districts which 
have maintained schools for five or more months during the past 
year, as appears from reports of town clerks. 



93 



All Decessary instructions acconapanj the blanks annually fur- 
nished to county superintendents from the office of the state su- 
perintendent. The greatest care should be exercised in making 
the annual report required by section 464, for it is upon it that the 
annual apportionment is made. 

Section 465. The city clerk of each city, and the village 
clerk of each specially incorporated village, or the clerk of the 
board of education of each city and village under the jurisdiction 
-of the county superintendent, shall, within the time prescribed, 
make and transmit to him the reports required by section four 
hundred and sixty-three; and in all cities having a superintendent 
of schools, and which are not under the jurisdiction of a county 
superintendent, such superintendent of schools shall make the 
annual report required by said section, directly to the state super- 
intendent; and in such cities having no superintendent of schools, 
.such report shall be made by the clerk of the board of education 
thereof. 

The clerks of cities (under county superintendents) and of vil- 
lages use the same blanks as town clerks, and receive the reports 
of the district clerk or clerks. 

Section 466. The state superintendent shall, on or before the 
first day of June in each year, furnish to each clerk, superintend- 
ent, or other officer by whom a report should be made, blank 
forms upon which such officers shall make their annual reports; 
and whenever any amendments shall be made to the provisions 
of this chapter, he shall furnish a copy of such amendments to 
■every school- district in the state. 

VI. DUTIES OF TOWN CLERK AND TREASURER. 

Section 467. It shall be the duty of the town clerk: 

1. To report to the county superintendent within ten days after 
his election or appointment his name and post-office address, and 
likewise the name and post-office address of each district clerk, 
within ten days after the same are filed in his office. 

2. To see that the annual reports of the several district clerks 
are made correctly and in due form ; to file and safely keep all 
reports whatsoever made to him ; and all orders and notices of the 
town board relative to any school-district. 

3. To record such description of school-districts, and such orders 
concerning the organization, alteration, or dissolution thereof, as 
shall be made by the town board. 

4. To make and keep in his office a map of the town, showring 



94 



the exact boundaries of all the school-districts therein, as appear 
from the records on file ; and when a new district is formed, ta 
make and furnish a map thereof to the district clerk. 

5. To apportion the school money collected by the town, on 
the third Monday of March, and that received from the state on 
the third Monday of June of each year or as soon thereafter as 
the same shall be collected or received by the town treasurer, ta 
the several districts and parts of districts within the town, as pro- 
vided in these statutes.* 

The duties here devolved upon the town clerks have an inti- 
mate connection with the welfare of the public school system, 
but need no special comment other than that in the election of 
town clerks the electors will do well to select persons, if practica- 
ble, who are not only competent to perform clerical duties effi- 
ciently, but who take a deep interest in the public school system. 

The further duties of the town clerk as to the apportionment of 
school money, are embraced in sections 558 and 559. 

Section 468. It shall be the the duty of the town treasurer: 

1. To apply for and receive from the county treasurer all 
moneys apportioned for the use of common schools in his town, 
and to pay the same, together with all the moneys collected in the 
town for the support of schools, to the treasurers of the districts 
entitled to receive them, upon the order or apportionment of the 
town clerk. 

2. To pay the district treasurer on demand all school-district 
taxes raised in each district, and collected by him, and the amourit 
of all school-district taxes returned to the county treasurer of his 
county as delinquent, whenever the same shall have been paid to 
him by said county treasurer, or whenever he shall receive credit 
from the county treasurer for such delinquent tax or any part 
thereof, on account of any demand or claim due from such town 
to such county. 

3. On or before the second Monday of March in each year, to 
certify to the town clerk the amount of school money in his 
hands, to be apportioned by said clerk and immediately upon the 
receipt of any money from the school fund income, to certify the 
same to the said clerk for apportionment, f 

4. On the last Monday in June in each year, to make and for- 
ward to the clerk of each school-district, in whole or in part, in his 
town, a certified statement of the amount of monev paid by the 
town treasurer during the year next preceding, to such district 
treasurer, specifying the date and amount of, and the account 
upon which each such payment was made. 

5. If the county treasurer shall neglect or refuse to pay over 

* See Form No. 26. + See Form No. 27. 



95 

the school money, which by law should be paid to the town 
treasurer, he shall commence and prosecute an action on the 
official bond of such county treasurer for the recovery of such 
money. 

The town treasurer will hold, subject to the order of the several 
district treasurers of his town, all district taxes collected by him. 
Also, all money raised by taxes levied upon the town by the 
county board of su{)ervisor3, and all money raised by the town 
in addition thereto, and pay the same over to the several district 
treasurers, according to the apportionment made by the town clerk 
under the law. He will also receive from the county treasurer 
the amount apportioned by the superintendent of public instruc- 
tion to his town, out of the income of the school-fund, and pay 
the same over to the district treasurers according to the appor- 
tionment made by the town clerk. The town treasurer will also 
receive all money paid on account of delinquent taxes, and pay 
the same over to the proper district treasurers. No school taxes 
except district taxes will be returned delinquent, if the law is 
complied with. 

It is the duty of the town treasurer to notify the town clerk of 
any money which he holds subject to apportioment by said town 
clerk, and to inform district treasurers promptly of any funds in 
the town treasury bielonging to the respective districts. 

District treasurers are not required to accept any taxes or school 
funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the second 
Monday in March, in each year, must state specifically the several 
amounts received from town and county tax, and the amount of 
income unapportioned which remains in the town treasury ; it 
must also include any money apportioned the previous year, 
which has not been paid over to the district treasurers. Reference 
is here made to section 557. 

VII. DISTEICT TAXES. 

Section 469. All school-district taxes, unless otherwise spe- 
cially provided by law, shall be assessed on the same kinds of 
property as taxes for town and county purposes ; and all personal 
property which, on account of its location or the residence of its 



96 



-owner is taxable io the town, shall, if such locality or residence 
be in the school-district, be likewise taxable for school-district 
purposes. 

Section 470. Whenever any real estate in any school-district 
shall not have been separately valued in the assessment roll of 
the town, and the valuation of such real estate cannot be defi- 
nitely ascertained from such assessment roll, the town clerk shall 
estimate the value of the same in proportion to the valuation 
affixed in said assessment roll to the whole tract of which such lot 
or piece of land forms a part. 

Section 471. In case of a joint district, the town assessors of 
the towns in part embraced therein shall meet at the district school- 
house on or before the Saturday next preceeding the time fixed 
for the return of the assessment rolls, and shall then compare the 
valuation of taxable property in the several parts of such district 
separated by town lines, and determine whether the relative valu- 
ation be just or not; if considered unjust, they shall then deter- 
mine the relative proportion of district taxes to be assessed upon 
the several parts. If they cannot agree upon either of said 
matters, they shall call to their aid the supervisors of the several 
towns so in part embraced; if the assessors and supervisors can- 
not determine the question, they shall call to their aid the chair- 
man of an adjoining town, whose vote shall decide the controversy. 
The determination when made shall be certified in writing to the 
■district clerk. If any assessor or supervisor shall refuse or neglect 
to act when called on as above provided, he shall forfeit twenty 
dollars.* 

Several sections are here brought together by the revisers from 
different parts of the former school code, which should be care- 
fully examined by the officers concerned. 

Section 472. Each district clerk shall on or before the third 
Monday of November in each year, deliver to the town clerk a 
statement in writing verified by his affidavit, showing the amount 
of taxes voted to be raised at the last annual meeting, or at the 
first meeting after the organization of the district, or both, as the 
case may require, and all taxes voted at any special meeting held 
during the then next preceding year, and also the amount of tax 
theretofore voted to be collected in such year, if any, for the an- 
nual payment of any loan, and also the amount to be paid by 
such district, if any, under the provisions of section four hundred 
and twenty-one. In case of a joint district, he shall deliver to the 
town clerk of each town in which any part of the district is situ- 
ated, a statement so verified, showing the proportion of such taxes 
to be assessed in that part of the district within such town, li 
such proportion shall not have been determined as provided in 

* See Form No. 39. 



97 

the last preceding section, it shall be ascertained from the valua- 
tion contained in the last assessment rolls of the respective towns; 
and to that end the town clerk of each such town shall on demand 
at any time after he has received the equalized assessment roll of 
his town, deliver to the district clerk a certified statement of the 
valuation of the real and personal property in that part of such 
district lying within his town, as the same appears from said assess- 
ment roll.* 

Chapter 81 of the general laws of 1869, changed this section so 
as to require each district clerk to deliver his statement to the 
town clerk on or before the first instead of the fourth Monday of 
November in each year; the revision of the statutes has changed 
it to the third Monday. 

Section 473. The town clerk shall assess the taxes so ascer- 
tained, upon the property liable thereto, placing the same in a 
separate column, in the next tax roll of his town, whenever so 
certified before he shall have delivered the roll to the town treas- 
urer for collection, although after the third Monday in November; 
if any such shall not be assessed in the next tax roll after being 
voted, it shall be assessed in that of the next succeeding year. 
Such taxes shall be collected, or returned delinquent by the town 
treasurer and collected by the county treasurer in all respects like 
other taxes. 

Upon the delivery to him of such statement, the town clerk 
should give the district clerk a certificate that he has received the 
same, stating the amount of the tax, and the time when received, 
which certificate should be filed in the office of the district clerk. 

Care should be exercised lest the school-district taxes be aggre- 
gated with the town school taxes. 

TOWN SCHOOL TAXES. 

Only those towns which have adopted the town system, now 
have power to vote a town school tax. This power was given to 
all towns, under section 2, of chapter 15, of the revised statutes of 
1858.. It was also embodied in section 76, of the revised school 
code of 1863. In 1876, the power was eliminated from section 2, 
of chapter 15, of the revised statutes, but section 76, of chapter 
155, oE 1863, was left unaltered. In the statutes as newly revised 
no authority is to be found, either in the powers conferred upon 

* See Form8 Nos. 30 and 31. 

7 



98 



towns, or in the school code, under which towns can vote a school 
tax, except such towns as have adoped the town system. This 
is much to be regretted, as such a tax tends to equalize the bur- 
den of sustaining the schools of a town, which is especially desira- 
ble, where wealth and population are unequally distributed. 
With the general introduction of the town system, the local sup- 
port of schools would be a common town charge. 

VIII. BORROWING MONEY. 

Section 474. Whenever upon any unusual exigency any 
school-district shall, before the annual meeting, vote a special tax 
to be collected with the next levy, the district may, by vote, au- 
thorize the district board to borrow, for a period not exceeding one 
year, a sum not exceeding the amount of such tax, and by such 
vote set apart such tax when collected to repay such loan ; and 
thereupon the district board may borrow such money of any per- 
son, and on such terms, and execute and deliver to the lender 
such obligation therefor, and such secuiity for the repayment, in- 
cluding a mortgage or pledge of any real or personal property of 
the district, subject to the directions contained in the vote of the 
district, as may be agreed upon, and not prohibited by law. 

It will be seen that sections 64 to 75, inclusive of the former 
school code, are omitted from the revision, and the preceding sec- 
tion put in their place. The district may, at any time before the 
annual meeting, upon any unusual exigency, vote a special tax 
to be collected with the next levy (notice of such purpose being 
duly given, as provided in section 427), and the district may au- 
thorize the board to borrow the same amount for immediate use. 

Section 475. For the purpose of aiding in the erection of a 
school-house, any school-district may, by vote at an annual or 
lawfully called special meeting, authorize the district board to 
borrow money. The resolution to be voted on shall be in wri- 
ting, specifying the amount to be borrowed, the rate of interest, 
and the time and manner of payment, which shall be in annual 
installments, the last of which shall be payable in not exceeding 
ten years from the first day of February next ensuing. Such res- 
olution shall be read to the meeting and the vote taken thereon 
by ballot. The ballots shall be written or printed ; those in 
favor, "for the loan ; " those opposed, " against the loan." The 
resolution and the vote shall be recorded, and if adopted by a 
majorit}^, the district board shall be thereupon authorized to bor- 
row such sum of any person, on such terms, and execute and 



99 

deliver to the lender such obligation therefor and such security 
for payment, including a mortgage or pledge of any real or per- 
sonal property of the district, subject to the direction contained in 
the resolution voted, as may be agreed upon, not prohibited by 
law, and snail also levy a tax to be annually collected thereafter 
sufficient to pay the interest annually on such loan, and the annual- 
installment of the principal, provided to be paid in each year. 

Section 476. The money borrowed under authority of either" 
of the last two preceding sections shall be paid into the district ■ 
treasury, and be expended onl}^ for the purposes for which it was 
voted or borrowed. After any such loan shall have been made, 
no power shall exist to rescind or reconsider any such vote, or 
obstruct the collection o£ such tax ; and the district treasurer 
shall apply every such tax when received by him, exclusively to 
the payment of such debt so far as necessary to discharge the 
amount to which such tax was devoted. 

The special provisions of the law as to borrowing money to aid 
in building a school-house, should be carefully examined and^ 
complied with; likewise those contained in the last preceding ge(3>- 
tion, which apply to both the sections preceding it. Particular^ 
care should be taken to notify the electors, as provided in section 
427, and every opportunity should be given for a fair and full 
expression of the will of the people. 

LOANS FROM THE TRUST FUNDS. 

Section 258 of the revised statutes authorizes the commissioners 
of school and university lands to make loans from the trust funds 
of the state to school-districts for the purpose of erecting school 
buildings therein. Application may be made to the Land Com- 
missioners^ at Madison, for information, blanks, etc. The rate of 
interest is seven per cent. The law governing such loans is em- 
braced in the following sections : 

Section 261. Every loan to a school-district may be made 
for such time, not exceeding ten years, and of such amount, 
which, together with all the other indebtedness of the district, 
shall not exceed five per centum of the last preceding assessed 
valuation of the real property in such district, and not exceeding 
in any case ten thousand dollars, as may be agreed upon; the 
principal shall be payable in equal annual installments from a 
time fixed by said commissioners, with interest at the rate of seven 
per centum annually in advance. No such loan shall be made 
until proof be filed in the ofl^ice of said commissioners of the com- 



100 



plete performance on the part of sach district of each and every 
act hereinafter required to precede the same. 

Section 262. Before applying for such loan, every such school- 
district shall authorize such application by a vote of a majority 
of the legal voters of said district, voting on such question, and 
shall vote in like manner to raise by t;ix to be levied and col- 
lected within two years thereafter, a sum equal to at least one-half 
of the amount of such loan to be applied for, to be used in addi- 
tion to such loan, in ereciting school buildings in such district ; 
and if, at a special meeting, the objects of such meeting shall be 
clearly stated in the notice thereof, and such district shall not 
thereafter rescind said tax, reconsider such vote, or in anywise 
hinder, delay, or postpone the levy and collection of the tax so 
voted, and shall not expend the money so raised or loaned for any 
other purpose. Application for such loan shall be made by the 
district board of such school-district, in writing, stating the amount 
required, the assessed valuation of the taxable real property of 
such district, and the total assessed valuation of the taxable prop- 
erty of such district, as shown by the last assessment roll ; and if 
such district be a joint district, such assessed valuations in its 
several parts separately, so that the valuations of so much thereof 
as lies in each town of. which it is a part, ma}^ be readily known, 
and the total amount of all the other indebtedness of such district, 
and the facts in detail in respect to the holding of the meeting 
and passing the votes required, as aforesaid, and shall b3 accom- 
panied by a correct map or plat of such district. Such applica- 
tion and map shall be recorded in the office of said commissioners; 
and such application, and the record thereof, and such statement 
shall be conclusive evidence of the facts therein stated. All such 
applications shall be acted upon by the said commissioners in the 
order of time in which they shall be filed. 

Section 263. All the taxable property in any school -district 
■which has heretofore obtained or shall hereafter obtain any loan 
from the state, shall stand charged for the payment of the princi- 
pal and interest thereof; and the boundaries of such district shall 
not be so altered as to exclude therefrom any land included 
therein at the time of making such loan, until such loan shall be 
fully paid, without the consent "f said commissioners and upon 
such terms as they shall prescribe; and there shall be annually 
levied upon the taxable property of such district, besides all other 
taxes, a tax sufficient to pay the annual interest, and annual in- 
stallments of principal, of such loan as hereinafter provided. 
Whenever a joint school-district shall make any such loan, the 
clerk of such district shall notify, in writing, the town clerks of 
the several towns of which such district is composed, of such 
loan and the terms thereof; and thereafter the town clerk of each 
town shall, on or before the second Monday of September in each 
year, until such loan be paid, transmit to the secretary of state a 



101 

statement certified by him of the valuation of all taxable prop- 
erty belonging to that part of such district which lies in his town, 
according to the last assessment roll ; or if the same shall have 
been equalized, as provided in section four hundred and seventy- 
one, such equalized valuation thereof. The secretary of state 
shall in every year furnish to the county clerk of each county in 
which lies any such school-district, or part of district, from which 
any such payment is to become due, the amount to be levied upon 
such district, or, if a joint district, upon each such part of such 
district as lies in any town in such county, at the same time as he 
furnishes that officer a statement of the state tax. In apportion- 
ing such tax to the parts of a joint school-district lying in sepa- 
rate towns, the secretary of state shall take, as the true valua- 
tions, the valuations of the taxable property stated in the 
application for such loan, until amended by the certified state- 
ments aforesaid of the town clerks of all the towns in which such 
joint district lies. The county clerk on receiving such statement 
shall include the amount due from such district, or part of 
district, in his apportionment of state taxes to the town ; but it 
shall be carried out in a separate column, and the district from 
which it is due shall be specified. The town clerk shall charge 
and carry out such amount on his tax roll to the district, or part 
of district to which it belongs in a separate column, and the tax 
shall be collected and paid over with and in the same manner as 
the state tax. 

IX. ESTABLISHMENT OF SCHOOL-HOUSE SITES. 

Section 477. Whenever a school- district shall have designa- 
ted by a majority vote of the electors thereof present at an an- 
nual meeting, or at a special meeting called for that purpose, a 
school-house site, or an addition thereto, and shall be unable to 
obtain the same on account of the refusal of the owner to sell or 
lease the same for a just and reasonable compensation, or on ac- 
count of his being a non-resident, or unknown, the district board, 
when directed so to do by a vote of the electors of such district 
meeting, shall make application to the town board of their towa 
to locate and establish the site, or any addition thereto, so desig- 
nated. 

Section 478. Whenever any such application shall be made 
to the town board, said board shall make and sign a notice in 
writing of such application, containing a description of the land 
upon which it is proposed to locate such a site or addition, and 
the time and place when and where they will meet to decide upoQ 
the same. Such notice shall be served or caused to be served by 
the district clerk, upon all the occupants of such land, and all the 
owners thereof who are known and are residents of this state, at 
least six days previous to the day fixed for such meeting. Such 



102 



notice sball be served by delivering a copy thereof to each such 
occupant and owner, or by leaving the same at their respective 
residences, with some person of suitable age and discretion ; and 
if the owner or (owners of said land be unknown to said board, or 
shall reside without this state, then such notice may be served by 
publishing the same in the newspaper published nearest said land, 
once in each week for six successive weeks next before the said 
day of meeting. 

Section 479. The town board shall meet at the time and 
place fixed in said notice, and upon due proof of the service or 
publication of said notice, they shall locate and establish such site 
or addition for said district. They shall cause an accurate survey 
and description thereof to be made, and fix and award the com- 
pensation to be made to the respective owners for the same, in- 
cluding all damages respectively sustained by such owners by 
reason of such taking of said lands, and within ten days thereafter 
make out and sign duplicate certificates, containing a statement of 
their action upon such application, an accurate description of the 
land taken, and the amount of compensation and damages award- 
ed to each of said owners, one of which shall be delivered to the 
occupant or owner of the lands so taken, if known, and a resident 
of this state, and the other, together with the proofs of publication 
or service of said notice and such survey, to the clerk of said dis- 
trict, who shall cause said certificate to be recorded in the office of 
the register of deeds cf the proper county : provided, that said 
board may, in their discretion, before agreeing upon their award, 
adjourn from time to time, not exceeding in all ten days. 

Section 480. The sum of mone}' so awarded by said board 
shall be paid to the owner of the land upon which such site or addi- 
tion is located, or in case the owner is a non-resident or unknown, 
or refuses to accept the money, it shall be deposited with the 
treasurer of the district, to the order of the owner of said land ; 
said district shall not occupy said land without the consent of 
the owner thereof, until such money shall be paid, tendered, or 
deposited, as aforesaid. 

Section 481. Any p3rson aggrieved by the decision of the 
town board, in the award of damages or otherwise, may, within 
twenty days after filing their duplicate certificate with the clerk 
of such district, appeal therefrom to the circuit court of any county 
in which such site or addition or any part thereof is situated, by 
filing with such clerk a notice of appeal, specifying all the grounds 
of his appeal, and paying to such clerk one dollar for state tax 
and one dollar for making return thereto. Within twenty days 
thereafter, such district clerk shall deliver to the clerk of said cir- 
cuit court a certified copy of such certificate, together with such 
notice of appeal, with the date of service thereof indorsed thereon, 
and pay to him one dollar state tax ; and thereupon the clerk of said 
court shall enter an action in his court record, in which the said 
appellant shall be plaintiff and the school-district defendant. The 



103 

issues in said action shall be the legality of all the proceedings 
taken by the school-district and town board in taking the lands 
of the plaintiff for sach school-house site or addition thereto, 
which are set forth in the notice of appeal as grounds therefor, 
and the amount of compensation and damages to which he is en- 
titled therefor. Such is-ues shall be tried without further plead- 
ings, as other issues of fact are tried, and judgment thereon be ren- 
dered and enforced as in other personal actions in said court ; 
provided, that when the legality of the proceedings is not made an 
issue, or is sustained, and the plaintiff does not recover a larger 
sum for damages than was awarded to him, he shall not recover, 
but shall pay costs. 

Section 482. No school- house site shall contain more than 
one acre, unless with the consent of the owner of the* land taken 
therefor. All lands so taken against the will of the owner, when 
it shall cease to be used as a school-house site or addition, shall 
revert to the original owner, his heirs, or assigns, and no lands 
shall be so taken that may not be taken for highway purposes, 
without the consent of the owner thereof. 

Section 483. If such application be made by a joint district, 
it shall be made to the town boards of the several towns in which 
such district is situated, and such town boards shall act together 
as one board in all proceedings as hereinbefore prescribed. 

Section 484. Whenever any school-district shall locate a site 
for a school-house upon any land owned by an infant, or in which 
an infant has an interest, the circuit or county court of the county 
in which the land is situated may, upon application of the parent 
or guardian of such infant, authorize such parent or guardian to 
execute a perpetual lease of such site, not exceeding one acre in 
quantity, and when any such land is held in trust for an infant, 
his trustee may in like manner apply for authority to make such 
perpetual lease. All such leases shall vest in the lessee the inter- 
est of such infant and of his trustee in such land, so long as the 
same is occupied for school purposes. Such authority shall not 
be granted unless it shall be made to appear satisfactorily to said 
court that the premises are needed for school purposes, that the 
said school-district is willing to pay therefor a consideration 
deemed adequate by the court, and that the interest of such infant 
will not be prejudiced by reason of said lease; and before mak- 
ing such order the court shall require the person authorized to 
make such lease to give a bond to account for and pay over the 
consideration received therefor, as in cases provided by law for 
the sales of lands of minors. 

The foregoing sections embody the laws in force as to the estab- 
lishment of school-house sites. The town board is to be called 
upon, not to select or designate a site in any case, but to locate 
and establish the same, or any addition thereto, when the district 



104 



cannot obtain it, on reasonable terms, or because the owner is a 
nonresident. 

The last section points out the course to be pursued when the 
site selected is on land owned by an infant, or in which an infant 
has an interest. 

X. LIBRARIES. 

Section 485. The clerk of the district, or such other person 
as the legal voters shall appoint, shall be the librarian and have 
the care and custody of the district library, under the supervision 
of the district board. All actions relatinsr to such libraries, or for 
the recovery of any penalties lawfully established in relation 
thereto, shall be brought in the name of the proper school-district. 

Section 486. The legal voters of any two or more adjoining 
school-districts may, with the approval of the town board, unite 
their libraries and library money, and may purchase a joint libra- 
ry or additions thereto for such districts, to be selected by the 
district boards thereof or by such person as they shall designate, 
and to be under charge of librarians to be appointed by such dis- 
trict boards. Every such joint library and its appurtenances 
shall be vested in, and all actions relating thereto shall be brought 
in the names of all the districts owning such joint library. In 
case such district shall desire to divide any such joint library, 
such division shall be made by the directors of the districts own- 
ing the same, or by the town supervisors, if such directors cannot 
agree ; and any school-district may donate and sell any book or 
books belonging to the district library, to the town in which it is 
is situated, to form a part of the town library. 

REGULATIONS. 

The following regulations for the management of school-district 
libraries, are prescribed by the state superintendent, under the 
authority of section 166 of the revised statutes : 

1. The district librarian shall have charge of the library, and 
keep a catalogue of all the books in the library under his care, in 
a book to be provided by the district for that purpose. 

2. Every volume in a library shall have pasted on the inside of 
the cover a printed paper, specifying the name of the district ; the 
number of the volume ; the fine for not returning it within the 
specified time, and for the loss of or injury to any book. Blanks 
for this purpose will be furnished to districts upon application to 
the state superintendent. 



105 



8. Every volume loaned shall be entered bj the librarian in a 
book, to be provided by the district for that purpose, by its num- 
ber, with the day on which it was loaned ; the name of the bor- 
rower, and the name of the person to whom it is charged (see reg- 
■ulation 5) ; the date when returned, and condition of the book ; 
the fined assessed for deteotion, or injury done to the book, in the 
following form : 



Time of 
delivery. 



No. of 
book. 



To whom 
delivered. 



To whom 
chargtd. 



When 
returned. 



Condition 
of book. 



Pine for 
detention. 



Pine fo? 
injury. 



1880. 
Jane 10. 



Jno. Ward 



W. Green. 



June 24. 



Good. 



4. No person shall be allowed to have more than one volume 
at a time, or to retain the same longer than two weeks ; nor shall 
any person who has incurred a fine imposed by these regulations^^ 
receive a book while such fine remains unpaid. 

5. Books maybe loaned to minors and charged to their parents,, 
guardians, or other persons with whom they reside, who shall be 
responsible for the books under these regulations. 

6. On the election of a librarian, his predecessor shall, within 
ten dajs thereafter, deliver to him all the printed and manuscript 
books, pamphlets, papers, cases, and all other property belonging 
to the library which was in his custody, for which the librariaa 
shall give him a full receipt, discharging him from all responsi- 
bility therefor, except in the case herein provided ; and on receiv- 
ing the library property, the librarian shall carefully examine all 
books, etc., and if any loss or injury shall have been sustained, 
for which a fine has not been imposed by his predecessor, or for 
which a fine has been imposed and not certified by him to the 
treasurer, the librarian shall certify the amount thereof to the 
treasurer, who shall collect the same of such predecessor in the 
same manner as other fines are collected. 

7. In case of vacancy in the office of librarian, the district 
clerk shall perform the duties of librarian until the vacancy is 
filled. 

8. If any person, having held the office of librarian, shall neg- 
lect or refuse to deliver to his successor all the library property^ 



106 

as prescribed in the sixth regulation, the director shall forthwith 
comnoence an action in the name of the district board for the re- 
covery of the property he shall so neglect or refuse to deliver. 

9. On the return of every book to the library, the librarian 
shall examine it carefully, to ascertain what injury, if any, has 
been sustained by it, and shall charge the amount of the fine ac- 
cordingly ; and in every case of injury not specified in these reg- 
ulations, he shall assess the amount of damages to be paid, sub- 
ject to revision by the district board. 

10. The following fines are established by the state superin- 
tendent, viz.: 

1st. For detaining a book beyond two weeks, five cents per 
week. 

2d. For the loss of a volume, the cost of the book ; and if one 
of a set, an amount sufficient to replace it, or to purchase a new 
set. 

3d. For a leaf of the text torn out or lost, or so soiled as to 
render it illegible, the cost of the book. 

4th. For any injury beyond ordinary wear, an amount propor- 
tionate to the injury, to be estimated by the librarian. 

6th. "Whenever any book shall not be returned within six 
weeks from the time it was loaned, it shall be deemed to be lost, 
and the person so detaining it shall be charged with its cost in 
addition to the weekly fine for detaining the book, up to the time 
such charge is made. But if the book is finally returned, the 
charge for loss shall be remitted ; and the fine for not returning 
the same be levied up to the time of such return ; provided, that 
in no case shall the amount of weekly fines exceed double the 
cost of the book. 

11. On the third Monday of August, November, February, and 
May, and also immediately before he vacates his office, the libra- 
rian shall report to the district treasurer the name of every person 
liable for fines, and the amount each such person is liable to pay; 
-and the treasurer shall give the librarian a certificate of the same, 
and immediately proceed to collect the same, and if not paid 
shall so certify to the director, who shall forthwith bring an action 
in the name of the district board for the recovery thereof. 

12. All library fines shall be paid to the district treasurer, who 



107 

■shall keep account of the same, and shall report thereon to the 
annual district meeting, giving the name of each individual fined, 
the amount of the fine, and the sum total of all fines, which re- 
port shall be recorded by the clerk ; and the district treasurer 
shall be responsible for all fines uncollected through his neglect. 

13. On the first day of September in each year, the librarian 
shall report to the district clerk as follows : 

1st. The number of volumes in the library ; 
2d. The number of volumes purchased during the year ; 
8d. The number of volumes presented during the year ; 
4th. The number of volumes loaned during the year [counting 
each volume once for each time it is loaned] ; 
5th. Amount of fines collected ; 
6th. Amount of fines expended ; 
7th. Amount of fines remaining unexpended. 

14. The library fines collected must be first applied to the re- 
placing of lost volumes, binding pamphlets, and rebinding such 
books as may require it. 

15. In case of joint libraries, the reports required above shall 
be made to the officers of the district in which the library is 
located. 

TOWX LIBRARIES. 

As districts may donate or sell their books to the town, to form 
part of the town library, the provision of the statutes in regard to 
town libraries is given : 

Section 776. The qualified electors of each town shall have 
power at any annual town meeting : 

4. To vote by ballot to establish a town library for the use of the 
people thereof. In taking such vote the electors voting in favor 
thereof shall vote a separate ballot containing the words, "for a 
town library," and those voting against a separate ballot, con- 
taining the words, " against a town library," and when established, 
to make all by-laws, rules, and regulations for the management 
thereof, and raise a sum not exceeding one hundred and fifty dol- 
lars in any one year for the purpose of purchasing books, furn- 
ishing a place to keep such library, and paying the librarian for 
his services, to be expendel under the direction of the town 
board. 



108 



XL JUDGMENTS AGAINST SCHOOL-DISTRICTS. 

Section 487. No execution shall issue on any judgment 
against a school-district, except upon leave of the court, upon 
motion, after the failure of the remedies provided in these statutes. 

Section 488. Whenever a final judgment shall be obtained 
against any school-district, the judgment creditor, his assignee, or 
attorney, may file with the town clerk a certified transcript of such 
judgment, or of the docket thereof, together with his affidavit, 
showing the amount due thereon, and all payments, if any, and 
that the judgment has not been appealed from or removed to 
another court, or if so appealed or removed, has been affirmed; 
and thereupon the town clerk shall assess the amount thereof, 
with interest from the date of its rendition to the time when the 
warrant for the collection thereof will expire, upon the taxable 
property of such district, placing the same in a separate column 
on the next tax roll ; and the same shall be collected and re- 
turned as town taxes are, and paid to the party entitled thereto. 
In case of a judgment against a joint district, a transcript and affi- 
davit as aforesaid shall be filed with the clerk of each town in 
which any part of the district is situated, and the town clerk in 
each town shall assess on the taxable property of the part of such 
district situated in his town, the same proportion of the whole 
amount, with interest as aforesaid, as is assessed on such part for 
the other district taxes in such year. Such proportion may be 
ascertained by the certificate of the district clerk, or the certificate 
of the several town clerks interested to each other, showing the 
amount of other district taxes certified by the district clerk to 
each town clerk. Whenever, for any cause, the amount which 
ought to be assessed on any such district or part of district, as 
above provided, shall not be so assessed in the next tax roll after 
the filing of such transcript and affidavit, the town clerk shall 
assess the same on the next or any subsequent tax roll within two 
years thereafter. 

Section 489. Whenever an appeal shall be taken from any 
judgment against a district, and a transcript thereof and affidavit 
shall have been filed, as above provided, the director may file a 
certificate of such appeal with the town clerk, and thereupon he 
shall suspend the assessment of such judgment, until the deter- 
mination of such appeal. If such judgment be thereafter 
affirmed, on proof thereof by certificate of the clerk of the appel- 
late court, the town clerk shall assess the same, with interest, in 
the next tax roll. 

The property belonging to the district is not liable to levy or 
sale upon an execution. Upon the rendition of any judgment 
against a school-district, a transcript of the same is to be filed with 



109 

the town clerk, or, if the district be a joint district, with the clerk 
of each town in which such district is in part situated. The town 
clerk is then required to assess the amount of the judgment with 
interest thereon, in a separate column, in the next assessment roll, 
and the tax when collected shall be paid to the party entitled 
thereto. 

XII. FREE HIGH SCHOOLS. 

The law relating to free high schools underwent several 
amendments, in the revision of the statutes, but some of these 
amendments not proviog satisfactory, the law underwent further 
modifications at the session of 1879. The several sections, as 
now in force, are 'given below, with comments upon each : 

Section 490. Any town, or incorporated village, or city, or 
school-district which contains within its limits an incorporated 
village, or which has a graded school of not less than two depart- 
ments, with not less than twenty-five pupils prepared to begin a 
high school course, may establish and maintain not exceeding two 
high schools in tbe manner and with the privileges herein pro- 
vided. The question of establishing such schools may be sub- 
mitted by the town, school-district, or village board, or common 
council, at any annual or duly called spscial meeting, or election, 
upon written resolution therefor, proposed for adoption : provided^ 
notice of such purpose, embodying such resolution, be given in 
the manner provided for notifying a special district meeting, town 
meeting, or charter election. The vote shall be taken by ballot, 
and canvassed according to the statutes for conducting elections 
in such municipality, those ballots in favor being written or 
printed "for high school," those opposed, " against high school." 
If the resolution be adopted, such town, school-district, village, 
or city, shall constitute a high school-district. But no city, in- 
corporated village, or school-district, in which a high school here- 
tofore established has been reported, recognized, and aided as a 
free high school, shall be required to take any vote on the resolu- 
tion provided for in this section, but may continue to report and 
to receive aid, on due compliance with the law in other respects. 

Under this section, as amended in 1879, any district having a 
graded school of " not less than two departments," may establish 
a free high school, as well as any town, city, incorporated village, 
or district containing an incorporated village ; but the restriction 
is imposed that there must be not less than twenty-five pupils 



110 



prepared to begin a high school course, before a high school can* 
be established uoder the law. 

Hereafter, in each municipality proposing to establish such a 
school, a vote must be taken ; but this does not apply to any case- 
in which a school has already been recognized, under the law, and 
received aid. Such schools will continue to be recognized on 
due compliance with the law in other respects. 

Section 491. Two or more adjoining towns may unite in es- 
tablishing and maintaining any such high school. The resolution 
proposing the same shall be approved and submitted, and the 
notice of election signed by at least two supervisors of each town, 
and the election shall be notified and conducted in each town as 
provided in the preceding section. Such resolution shall not be 
adopted unless a majority of the votes cast in each town be in 
favor thereof. The votes shall be canvassed at the first election 
and all subsequent elections in the several towns, as at town meet- 
ings ; and the supervisors of the several towns proposing to unite, 
shall, within one week after such elections, meet and canvass the 
votes, and certify the result to the town clerk of each town. If 
such resolution be adopted, the several towns so voting to unite 
shall constitute a joint high school-district. 

In the revision of the statutes, this section, which was section two 
of the original law", is so amended as to require that the reso- 
lution proposing the establishment of a school by the joint action 
of two or more towns "shall be approved and submitted, and the 
notice of election signed, by at least two supervisors of each 
town." Towns thus uniting in the establishment of a school form 
a joint high school- district. 

The privilege is no longer granted to one or more districts to 
establish a school where the town declines to do so, but is con- 
fined to districts already having a graded school, or embracing an 
incorporated village, as provided in section 490. 

Section 492. The officers of each such district shall be a 
director, treasurer, and clerk, whose term of office shall be each 
three years, begincing with the annual town meeting, and until 
his successor shall have been chosen or appointed ; 'i>rovided^ that 
at the first election the clerk shall be chosen for one year, the 
treasurer for two years, and the director for three years ; and all 
of said officers may be chosen first at the same election at which 
the question of establishing a high school is submitted, to take 
their offices, if the resolution therefor be adopted. Thereafter, 



Ill 



such officers shall be elected at the annual town meeting or charter 
election. The votes cast shall be canvassed, and the results de- 
clared and certified, as provided in the preceding sections. But 
in all cities not under a county superintendent, which now consti- 
tute free high school districts, or which shall hereafter adopt the 
resolution provided for in section four hundred and ninety, and 
become free high school-districts, the board of eiiucation in each 
such city shall be the high school board, and the city treasurer 
shall be, ex officio, the treasurer of the high school-district, unless 
the board of education embraces a treasurer; and in all districts 
maintaining a graded school of not less than two departments, 
which uow constitute free high school -districts, or which shall 
hereafter adopt said resolution, the district board in each such 
district shall be the high school board; and the district treasurer 
shall be the treasurer of the high school -district. 

Section 493. The officers aforesaid shall constitute the high 
school board, and, as such board and as such officers, shall con- 
duct the affairs of such high school district on the same general 
plan provided for a school-district, and shall have and possess, 
with respect to such high school-district, all the pov^ers, includ- 
ing all such as may be conferred by vote of a district meeting, 
and be charged with all the duties, conferred and imposed in 
these statutes on the district officers and district board of a school- 
district, applicable to such high school-district; the treasurer shall 
give a like bond, to be approved and filed in a similar manner. 
The high school- district clerk shall make a similar report to that 
provided in section four hundred and sixty-two, omittiog the first 
subdivision. They may grade such school, and establish the 
branches of study to be taught therein, under the advice of the 
state superintendent. Every forfeiture and punishment enacted 
against neglect or violation of duty in a school-district officer^ 
shall be held equally to apply to a high school-district officer for 
like neglect or violation. The reports of free high schools in 
cities not under a county superintendent, shall be included in the 
reports from such cities to the state superintendent, made by the 
city superintendent or clerk of the board of education. 

These two sections combine sections three, four, five, six, and 
nine of the former law, omit some provisions, and, as amended in 
1879, simplify the election of officers and the constitution of the 
board. The officers, if elected, are to bear the same names, and 
to be elected for the same terms, as ordinary district officers. In 
the independent cities, the board of education is to be the high 
school board ; in single districts, the district board is to be also 
the high school board. The duties of the several officers and of 
the board are similar to those of district officers and boards. 



112 

There are special provisions as to the treasurer. The clerk is to 
make a report which will be sent to the proper county superin- 
tendent, as formerly provided in section ten of the high school 
law ; but in independent cities, the report is embodied in the re- 
port of the city superintendent, or of the clerk of the board of 
education, if there be no superintendent. The course of study 
is established under the advice and consent of the state superin- 
tendent, as farther provided in the next section ; and, in addition 
to the general report above mentioned, a financial report is to be 
made in duplicate to the state superintendent, as provided in sec- 
tion 496. Blanks for both reports are furnished from the office 
of the state superintendent. 

Section 494. All such high schools shall be free to all pupils 
resident in the district. Every principal of any high school, here- 
after elected or appointed, shall be a graduate of some university, 
college, or normal school, or shalP pass an examination in the 
studies required to be taught in any such school ; and the high 
school boards, or boards of education having charge of such 
schools, shall determine, with the advice and consent of the state 
superintendent, the course of study, and minimum standard of 
qualifications for admission to the same. 

The free admission of all resident pupils is based, of course, on 
ability to pass the required examination. 

The intent of the law, as to the examination of principals, is 
somewhat obscure. Section 448 requires that every person who 
shall desire to teach in the public schools, shall hold a proper cer- 
tificate or diploma authorizing him to teach ; and a state certifi- 
cate confers this authority for the whole state. If, however, the 
certificate held by the applicant for the place of principal of a 
free high school, does not cover all the branches required to be 
taught, a special examination in these branches is reasonable, and 
is but carr3ung out the provisions of section 451, which permits 
each county superintendent to "demand an examination in such 
branches as the applicant ma3'^ be required to teach." If a grad- 
uate of some university, college, or normal school, the teacher 
may be exempted from the special examination, under this sec- 
tion. But the law intends to secure ample fitness to give instruc- 
tion in these schools as one of the conditions of receiving aid from 
the state. 



113 

The course of study to be pursued and the standard for admis- 
sion to the school are to be determined with the advice and con- 
sent of the state superintendent. Three courses are set forth by 
him, and will be furnished on application. It should be under- 
stood that any modification of the prescribed courses of study 
must have his approbation. 

Section 495. The high school board shall annually, on or 
before the second Monday in September, meet and determine the 
amount necessary to be raised by tax for the support of such 
high school, and certify the same to the proper town, city, or vil- 
lage clerk ; if a joint high school-district, they shall certify to the 
town clerk of each town the proportionate amount thereof to be 
raised by such town, such proportion to be determined according 
to the total valuation of all the taxable property in such town, as 
equalized by the town boards of review. Such tax shall be as- 
sessed on the next tax roll by such clerk or other officer making 
the same, and collected and returned as other taxes, and paid to 
the high school district treasurer. Such moneys shall be paid 
out only on orders drawn and countersigned as prescribed in case 
of school-districts. Any town which is a single high school-dis- 
trict, may, by resolution adopted at the annual town meeting, 
limit the amount to be raised for high school purposes in such 
town, during such year. In case of a joint high school-district, 
the town boards of the several towns embraced may, by a joint 
resolution adopted by all such town boards, before the first day 
of July, likewise limit the amount to be raised in such district. 

The provisions of the above section, which was section eight 
of the original law, have been somewhat modified. The certifi- 
cate of the amount necessary to be raised for the support of the 
high school, is to be made in September, instead of July. Towns 
having a high school may, by vote, limit the amount to be raised ; 
and in case of a joint high school-district, the town boards may 
limit the amount. 

The provisions of section eleven of the former law were omitted 
in the revision of the statutes. 

Section 496. Any high school-district which shall have estab- 
lished a free high school according to the provisions of these stat- 
utes, and shall have maintained the same for not less than three 
months in any school year, shall be entitled to receive from the 
general fund of the state, during the first five years after such 
high school is established, one-half the amount actually expended 
for instruction in the high school of such district, durino- such 



114 



school year, over and above the amount required by law to be 
expended for common school purposes, but not to exceed in one 
year five hundred dollars to one district. To obtain such aid, the 
high school board, or, in cities not under a county superintendent, 
the president and secretary of the board of education, and the 
treasurer, shall, on or before the first day of November, report in 
duplicate to the state superintendent, under their oaths, the 
amount actually expended for such instruction during the pre- 
vious school year, specifying the several items thereof, with the 
date and object of each, fully. Thereupon, the state superin- 
tendent shall fix the amount to be paid such school-district, and 
certify the same to the secretary of state, with one of such reports 
annexed. On such certificate, at any time after the first day of 
December, the same shall be paid to the district treasurer out of 
the state treasury ; but the whole amount so paid shall not exceed 
the sum of twenty-five thousand dollars in any one year; and, if 
more be demanded by such districts, they shall be paid propor- 
tionally. The secretary of state shall annually include and ap- 
portion in the state tax all such sums as shall have been so paid, 
in addition to all other sums to be levied for the year. 

The foregoing section covers the ground of sections twelve, 
thirteen, fourteen, and fifteen, of the original law, and supersedes 
the provisions of chapter 2^9, of 1877. It omits the provision 
for additional aid where the population is more than 3,000. As 
amended in 1879, it also omits the restriction as to the building 
in which the school is to be taught, which was introduced by the 
revisers ; it increases the time for which aid can be extended 
from three to five years ; it requires an itemized report of the 
actual cost of instruction for the previous school year, ending 
August 81, and not for the year ending November 30, as the re- 
vision of the statutes provided. The other provisions as to pay- 
ment remain as they were. As the number of schools receiving 
aid is now large, the amount for each school is of course reduced. 
This reduction will continue until five years have passed, when 
it will be less, unless as many new schools are established yearly 
as are withdrawn from the list of beneficiaries. 

XIII. APPEALS. 

Section 497. Any person conceiving himself aggrieved by 
any decision made by any school-district meeting, or by any town 
board in forming or altering, or in refusing to form or alter, any 
school-district, or by any other thing done by any ofl&cer or board 



115 

under ibe provisions of this chapter, may appeal to the state 
superintendent. Such appeal shall be taken and heard in the 
manner prescribed by him, and he shall make and file his deci- 
sion thereon within thirty days after the hearing thereof is closed. 
The decision appealed from shall be operative until the same shall 
be reversed ; and no decision on appeal to said superintendent 
made by him after the lapse of thirty days from the lime the 
hearing thereof is closed, shall be effectual. 

An effort has been made to give, under the appropriate section, 
in the foregoing pages, such an exposition of the statutes relating 
to common schools as will aid school officers in the discharge of 
their duties. If, however, after examination of these instructions, 
it is deemed necessary to apply to the department of public in- 
struction for further information, it must be borne in mind : 

1. That no decision can be rendered on any subject affecting in 
any manner the rights or interests of different parties, without 
giving to both sides an opportunity of being heard. This occurs 
when an appeal is regularly brought in the manner prescribed in 
the rules regulating appeals, or when all parties have signed and 
united in transmitting a statement of facts in regard to which they 
agree. 

2. That an opinion given without affording to both sides a hear- 
ing must be regarded as valid only so far as the statement on 
which it is founded represents fully and fairly the facts in the 
case. Sometimes it happens that two persons, applying for ad- 
vice upon the same question, state the facts differently, and of 
course receive dissimilar replies. They are thus confirmed in 
their difference of opinion, instead of being reconciled. To avoid 
this, all parties should be careful to state accurately all the facts 
of the case, with all practicable certainty as to dates and number, 
and in such a manner as to indicate the object of the inquiry. 

Those addressing the office, no matter how frequently they may 
write, should state the name of the post-office to which they desire 
replies to be sent. 

If is decided to take an appeal to the state superintendent, the 
following rules are to be observed : 

EULES KESPECTING APPEALS. 

1. An appeal must be in writing, addressed to the state super- 
intendent, and signed by the appellant, but no particular form of 
statement is necessary. 



IIG 



2. The appeal should be as brief as is consistent with a complete 
statement of the case. It should set forth the action or proceed- 
ings appealed from, and the reasons why such action should be 
set aside. If the appeal is founded upon the refusal of the super- 
visors to act, the reasons why the action asked for should have 
been taken by such supervisors, must be clearly shown. If the 
appeal relates to the formation or alteration of a district, a map 
or plat of the territory affected by the action appealed from should 
be prepared, showing the boundaries of the district or districts 
-embraced therein, the location of the residences of the inhabitants, 
■the highways, marshes, etc. A statement showing the assessed 
valuation of the district or districts, or of the several parts of a 
■district divided, and the number of children over four and under 
ifcwent}' J ears of age residing in each, should accompany the map, 
iind form a part of the papers in the case. When the papers are 
•completed, they should be fastened together, numbered or lettered 
for reference, and an affidavit attached, setting forth that the 
statements therein made are true, and that the map, list of chil- 
dren, and valuation of property are correct. The affidavit may be 
in form as follows : 

A. B., being duly sworn, deposes and says that the statements 
made in the above appeal, all and several, are true, according to 
the best of his knowledge and belief, and further that the accom- 
panying map, list of children, and valuation of property are cor- 
rect.* 

[Signed] , 

Appellant. 

Sworn to and subscribed before me this day of , 18 — . 

C. D., 

Justice of the Peace. 

8. A complete and correct copy of the appeal and affidavit, 
and all accompanying papers, should be made, to which another 
affidavit should be attached, stating that they are correct copies of 
the papers in the case. 

The form of the affidavit may be as follows : 

A. B., being duly sworn, deposes and says that the above is a 

* In other mitters than formition or alteration of districts, the latter pirt of the affidavit, 
after the word "belief," may be omitted, or any needed change may be made. 



117 



full and correct copy of an appeal, and all accompanying papers, 
designed to be sent to the state superintendent. 

[Signed] . 

Sworn to and subscribed before me this day of , 18 — . 

C. D., 

Justice of the Peace. 

This afi&davit should be made upon the cojpy only — not upon 
the original appeal, that is to be sent to the state superintendent 
The copy should then be served upon the party from whose ac- 
tion the appeal is taken, either by handing it to him, or leaving 
it at his residence. If the appeal is from the action of the super- 
visors, the chairman of the board is a suitable party upon whom 
to serve the copy. If from the proceedings of a district meeting, 
upon the clerk or chairman of the meeting. It should not be 
served, however, upon an individual who did not sustain the 
action appealed from, as in that case no answer is likely to be 
made. 

The person serving the copy of appeal should carry with him 
the original appeal, so that the party from whose action the appeal 
is taken, may, if willing, admit service of a true copy, by the fol- 
lowing form indorsed upon the original appeal: 

I, E. R, do hereby admit service of the above (or within) appeal. 
[Signed] . 

In case no such admission of service be made, the appellant 
will append to his appeal an affidavit of the following form : 

A, B., being duly sworn, deposes and says that upon the 

day of , 18 — , he did serve a true and verified copy of this 

appeal, and all accompanying papers, upon E. F., by handing the 
same to said E. F. (or by leaving it at his residence, as the case 
may be). 

[Signed] . 

Sworn to and subscribed before me this day of , 18 — . 

C. D., 
Justice of the Peace. 

When several persons unite in making an appeal, the affidavits 
may be so changed as to admit the names of all the appellants, 
and each should sign the appeal and subscribe to each and every 
affidavit. When the action appealed from is the action of several 



118 



persons, it is sufficient to serve a copy of the appeal upon any- 
one of the number, though it should always be served upon one 
not agreeing with the appellants, that an answer may be made. 

When all the above directions are complied with, the original 
papers are ready to be forwarded to this office. 

4. An appeal should be taken within thirty days from the per- 
formance of the act appealed from, or within thirty days after the 
action complained of has come to the knowledge of the appellant. 

THE ANSWER. 

1. The appellee has fifteen days in which to prepare his answer, 
and all the directions above given in reference to the preparation 
and service of a copy of the appeal papers, should be complied 
with in preparing and serving the answer upon the appellant, be- 
fore it is forwarded to the state superintendent. The forms of 
affidavit given above will answer in all cases for forms to be used 
by the appellee, by changing the words so that the affidavit shall 
refer to an "answer to an appeal," instead of to an appeal, and by 
signing it as appellee instead of appellant. 

2. The answer to an appeal may be served upon any one of a 
number of appellants. When the town board of supervisors is a 
party, and papers have been served upon the chairman, if he is in 
favor of the party appealing, one of the other supervisors should 
make answer. 

3. In case of neglect of the proper appellees to answer an ap- 
peal, any person having an interest in the matter may make 
answer to it, being governed in all cases by the same rules as would 
govern an appellee, 

REPLICATION OR REJOINDER. 

A replication or rejoinder will be allowed, upon proof that new 
facts have come to the knowledge of the party wishing the re- 
joinder, since the appeal or answer has been submitted to the state 
superintendent, or that there are material errors in the statements 
of the other party. 

GENERAL REMARKS. 

If the appellant or appellee presents statements of other parties, 
these statements should be verified by the affidavit of the person 
making the same. 



119 

All decisions on appeal must be filed or recorded as the state 
superintendent shall direct. 

No decision can be rendered on ex 'parte statements, No papers 
will be considered that are not properly verified, and properly 
served on opposing parties. 

The propriety of leaving out of appeals all matters of a purely 
personal character, except as they may have a direct bearing upon 
the subject, is obvious. 

As appeals are usually decided upon written and not upon 
oral evidence, it is not necessary or proper for either party to 
appear in person, expecting to be heard in the case, without the 
presence of the other party. 

Particular care should be taken to follow the directions in re- 
gard to affidavits, serving copy, etc., so that it- may not be neces- 
sary to send papers back for correction. 

Not only must every paper presented in a case, by either party, 
be verified by affidavit, and a copy be served on the other side, 
but in making the copy, care must be taken to copy every affida- 
vit as well as the statement which it verifies. If this is not done, 
the party upon whom such copy is served has no evidence that 
the original was sworn to. 

If the appeal is not taken or the answer or rejoinder made 
within the prescribed time, the reasons for the delay must be 
given. 

Most of the appeals made to this department grow out of the 
alteration or formation of school-districts, or the refusal to form 
or alter the same. In view of this fact, the superintendent is led 
to remark, not only that these controversies are often very inju- 
rious to the interests of education, but that they would be avoided, 
so far as thej^ relate to the matters mentioned above, if towns favor- 
ably situated for the purpose would adopt the " town organization 
of schools," the law providing for which is given on subsequent 
pages. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superintendent 
of schools, may make appeal to the state superintendent, accord- 
ing to section 452, using the followino; form : 



120 

To A. B., County Superintendent of Schools for County: 

Sir : You are hereby notified that I intend to appeal from 
your refusal to grant me a certificate, and I hereby ask you for 
your reasons for such refusal, that I may present the same to the 
state superintendent, with my appeal. 

EespectfuUy yours, . 

The refusal is ordinarily for alleged want of learning. In this 
case the appellant will usually appear before the state superin- 
tendent for re-examination. He should not come, however, with- 
out any previous notice ; but after notice to the county superin- 
tendent, as above, and on obtaining the statement of reasons for 
refusal, he should forward the same to the state superintendent, 
notifying him of his desire for a re-examination, that a time may 
be fixed which may be convenient to both parties. 

If the appellant and county superintendent mutually agree 
that the appeal shall be decided on the papers on which a certifi- 
cate was refused, a re-examination may not be necessary. 

If the refusal is for alleged want of ability to teach, or for al- 
leged immorality of character, the appeal will be decided on the 
evidence submitted in writing by the parties. The papers will be 
made out and verified, and copies served, as provided under the 
Eules for Appeals. 

In case a teacher's certificate is annulled, he also has a right of 
appeal. For this purpose the following form may be used : 

To A. B., County Superintendent of Schools for County : 

Sir: You are hereby notified that I intend to appeal from 
your action in annulling my certificate, and I hereby ask for your 
reasons for such action, that I may present the same to the state 
superintendent, with my appeal. 

EespectfuUy yours, . 

The directions given above, in regard to an appeal from a re- 
fusal to grant a certificate, are to be followed, as far as applicable, 
in an appeal from the action of a superintendent in annulling a 
•certificate. 



131 



XIV. PENALTIES AND MISCELLANEOUS LAWS. 

Section 498. Every district clerk who shall willfully neglect 
to make the annual report for his district, as'required by law, shall 
be liable to pay the whole amount of money lost by such district 
in consequence of his neglect, which shall be recovered in an 
action in the name of and for use of the district. 

Section 499. Every town clerk who shall neglect or refuse 
to make and deliver to the county superintendent his annual re- 
port as required in this chapter, within the time limited therefor, 
shall be liable on his official bond to pay the town the amount which 
such town or any school-district therein shall lose by such neglect 
or refusal with interest thereon; and every county superintendent 
who shall neglect or refuse to make the report required of him by 
this chapter, to the state superintendent, shall be liable to pay to 
each town the amount which such town or any school-district 
therein shall lose by such neglect or refusal with interest thereon, 
to be recovered in either case in an action prosecuted by the town 
treasurer in the name of the town. All money collected or re- 
ceived by any town treasurer, under the provisions of this section, 
shall be apportioned and distributed to the school-districts entitled 
thereto, in the same manner that the money lost by any such 
neglect or refusal would have been apportioned and distributed. 

Section 500. Every taxable inhabitant receiving the notice 
mentioned in sections four hundred and thirteen and four hun- 
dred and fifteen, and every chairman of the first district meeting 
in any district, who shall willfully neglect or refuse to perform 
the duties enjoined upon by this chapter, shall respectively 
forfeit the sum of five dollars. Every person duly elected to the 
office of director, treasurer, or clerk of any school-district, who 
shall neglect or refuse, without sufficient cause, to accept such 
office and serve therein, or who, having entered upon the duties 
of his office, shall neglect or refuse to perform any duty required 
of him by the provisions of this chapter, shall forfeit the sum of 
ten dollars ; and every school-district officer who shall neglect or 
refuse to deliver to his successor in office all records, books, and 
papers appertaining to such office, shall forfeit not exceeding fifty 
dollars. 

Section 50L Neither the state superintendent, his assistant, 
or any person in his office, nor any county superintendent, nor 
school-district officer, nor any officer or teacher connected with 
any public school, shall act as agent or solicitor for the sale of any 
school books, maps, charts, school library books, school furniture, 
apparatus, or stationery, or furnish any assistance to, or receive 
any reward therefrom from any author, publisher, bookseller, or 
dealer doing the same. Every person violating this section shall 
forfeit not less than fifty nor more than two hundred dollars for 
each offense, and be liable to removal from office therefor. 



122 

Section 502. Every district clerk who shall draw an order 
upon the treasurer for any purpose not authorized by law, and 
every director who shall countersign such order, shall forfeit for 
each such order not less than twenty nor more than one hundred 
dollars.. 

Section 503. Every member of a district board in any school- 
district in this state, in which a list of text-books has been 
adopted according to law, who shall within three years from the 
date of such adoption, or thereafter without the consent of the 
state superintendent, order a change of text-books in such district, 
shall forfeit the sum of fifty dollars. 

Section 504. In case the town board, or any other officer, 
shall neglect or refuse to carry into effect any decision of the 
state superintendent, made upon an appeal from their or his ac- 
tion or refusal to act, each supervisor or other officer thus refus- 
ing or neglecting shall forfeit the sum of fifty dollars; and every 
town clerk who shall so neglect or refuse shall also be liable to 
removal by the town board, upon proper notice thereof. 

Section 505. All actions for the recovery oE any forfeiture 
incurred under the provisions of this chapter, shall be prosecuted 
by the director of the school-district interested, except when such 
director h;is incurred a forfeiture, in which case such action shall 
be prosecuted by the treasurer of such district, and in case either 
shall refuse or neglect to prosecute, he shall forfeit twenty dol- 
lars. All forfeitures recovered shall be first applied to the neces- 
sary expen-!es of such prosecutions, and one-half of the remainder 
shall be paid into the district treasury for the use of the district, 
and the other half to the county treasurer, for the benefit of the 
school fund. 

Section 506. Whenever any person or officer designated in 
this chapter to prosecute an action for a forfeiture, or for a neglect 
of duty, shall fail to prosecute such action for the space of ten 
days, after being requested in writing by a vote of the proper dis- 
trict, so to do, any voter may prosecute such action for the recov- 
ery of such forfeiture, or for any neglect of duty, in the manner 
herein prescribed. 

Sejtion 507. Any school-district oflEieer may be removed 
from office bv the county judge, for willful neglect of any duty, 
upon the written application of the majority of the legal voters of 
his district, or of any person aggrieved by such neglect, contain- 
ing a full statement of all the charges preferred against him. A 
copy thereof, with a notice of the time and place when and where 
a hearing upon the same will be had, shall be served upon such 
officer at least ten days before such hearing. Such officer shall 
have full opportunity to be heard in his defense; and the judge, 
upon satisfactory proof of such neglect of duty, may by order 
remove such oflicer from his office, and in case of removal, shall 
forthwith file such order in the office of the town clerk, and cause 
a copy thereof to be served upon each of the other officers of the 



l•^3 



district. The person so removed from ofHce shall not be appointed 
to fill the vacancy occasioned by such removal ; and for all ser- 
vices performed by the county judge under the provisions of this 
section, he shall receive three dollars for each day actually em- 
ployed, to be paid by the county. 

JOURNAL OF EDUCATION. DICTIONARIES, ETC. 

Section 508. Each school-district clerk, and each town clerk 
or secretary of a town board of directors, may subscribe annually 
for one copy of the Wisconsin Journal of Education, to be paid 
for by the district or town respectively, out of the school money. 

The subscription price of the Journal of Education is $1.00 a 
year, if paid in advance. 

Section 509. The state superintendent is hereby authorized 
to furnish to any school-district, or to any school, or distinct de- 
partment thereof, in any city or village, one copy of Webster's 
unabridged dictionary, on receipt of an affidavit of the district 
clerk, or the school superintendent of such village or city, that 
such school or department has not yet been supplied ; or, that the 
dictionary furnished to said school has been lost or is untit for 
use, and on payment in advance of the cost price to said superin- 
tendent for any so to be replaced. [And he may, in his discre- 
tion, distribute to the school-districts, so that no one shall have 
more than six copies, the printed elitionof the conscitudoa of 
the United States, and of this State, heretofore prepared and re- 
maining in his custody.] 

The constitutions have all been distributed. 

Section 510. All such dictionaries and constitutions, hereto- 
fore or hereafter received by the several districts, shall belong to 
the district library, but during the time a scho )1 is taught they 
shall be and remain in the school rooms, during the hour.«! of 
school, for the exclusive use of the scholars and teachers and un- 
der the control of the teachers or principals, who shall be respon- 
sible to the districts for their loss, or for any unnecessary damage 
they may receive. 

Section 511. The state superintendent shall piy to the state 
treasurer, all money received on account of dictionaries sold as 
aforesaid, and render an account of all dictionaries sold, in his 
annual report to the legislature. 

MAP OF WISCONSIN. 

[Chapter 56, Laws of 1879.] 
The superintendent of public instruction is hereby authorized 
and empowered to contract for and purchaseseven hundred copies 



124 



of the map of Wisconsin, published by Professors Nicodemus 
and Conover. at a price not exceeding four dollars per copy. * * 
* * Said maps, when so purchased, shall be deposited in the 
office of the snperintendent of public instruction, and shall be sold 
and delivered, one copy each, to any school-district, teacher, high 
school, town or county officer in this state, desiring to purchase 
the same for any public use, or for use in any of the schools in 
this state, at a price not exceeding the cost per copy at which the 
same shall be ])urchased by said superintendent. 

This map is finely executed, shows the new counties, and is 
needed in every schoolroom. The proper form of application 
(No. 47), will be found in the latter part of this book ; or printed 
forms will be sent, on request. 

Section 512. Every person of lawful school age, maintained 
at the public charge, shall, for school purposes, be deemed a resi- 
dent of the district in which he lives; for every person so main- 
tained by the county, the county board shall for each year allow 
to the district in which such person may attend school, an amount 
for each person so attending, equal to the amount expended in 
that year for each pupil in such district for school purposes; and 
in case such person be maintained by any town, such town board 
shall allow a like amount to such district. Such account shall 
be reckoned by the district officers without reference to the num- 
ber of pauper children attending such school. 

Section 513. Every woman of twenty-one years of age, and 
upwards, may be elected or appointed as director, treasurer, or 
clerk of a school-district; director or secretary of a town board, 
under the township system ; member of a board of education in 
cities; or county superintendent. 

TEXT-BOOKS IN CITIES, ETC. 

Section 514. The several boards of education, or other bodies 
having the government in cities or incorporated villages of the 
public schools, shall determine what school and text-books shall 
be used in the several branches of study pursued in theschools, 
and shall make a list of such books, file a copy with their clerk 
or secretary, and keep a copy publicly posted in each school 
building. When any such text-books shall have been adopted, 
they shall not be changed for the term of three years, nor there- 
after without the consent of the state superintendent. Any such 
board may be authorized by the board of aldermen, common 
council or trustees, to purchase text-books for use in the public 
schools, and to loan or furnish them to pupils under such condi- 
tions or regulations as they may prescribe. 

POWERS OF SCHOOL BOARDS IN CITIES. 

Section 515. Every such board or other body aforesaid shall 
have all the powers, and be charged with all the duties imposed 



125 



by these statutes on school-district boards, so far as the same are 
not provided for or limited by the special provisions of the act of 
incorporation, or other act under which such board or body is 
constituted. Every city or village not having a system of school 
government specially provided by law therefor, shall be governed 
by the provisions of this chapter. 

XV. TOWNSHIP SYSTEM OF SCHOOL GOYEEN- 

MENT. 

Sectiox 516. Every town which is now or may hereafter be 
organized in this state is hereby declared and constituted one 
school-district for all the purposes in this chapter hereinafter pre- 
scribed, and the several school-districts and parts of joint dis- 
tricts, which are now or may hereafter be established in the sev- 
eral organized towns, shall be styled and known as subdistricts, 
whenever such town shall have voted therefor, as provided in 
section five hundred and fifty-two. 

Section 517. New subdistricts may be formed, and the 
boundaries of any subdistrict may be altered, by the town board 
of directors at any regular meeting of said board ; but the forma- 
tion and alteration of any joint subdistrict shall be by concurrent 
action of the board of directors of all the towns embraced in part 
in such subdistrict=. 

Section 518. The clerks of the several subdistricts in any 
organized town, together with the clerks of the joint subdistricts, 
the school-houses of which are situated in such town, shall consti- 
tute the town board of school directors. 

Section 519. The said board shall be a body corporate, and 
shall possess the usual powers of a corporation for public pur- 
poses by the name and style of "the board of school directors of 
the town of " (the name of the town to which the board be- 
longs), and in that name shall sue and be sued, and be capable of 
<3ontracting and being contracted with, and of holding real and 
personal estate, and of selling the same, as authorized by the pro- 
visions of this act ; and the clerks of the various school-districts, 
together with the clerks of the joint school-districts, the school- 
houses of which are situated in any town adopting the township 
system, shall constitute the first board of directors of such town ; 
they shall meet and organize within two weeks after the election 
at which such township system shall be adopted ; and they shall 
hold their offices until the next annual meeting of the subdistricts 
of such town. 

Section 520. The board of directors in each town are hereby 
invested, in their corporate capacity, with the title, care, and cus- 
tody of all school-houses, school-house sites, furniture, apparatus, 
and other property of all kinds belonging to the subdistricts there- 
in, with full power to control the same in such manner as will 
best subserve the interests of the schools in such town. 



12G 



Section 521. The said board shall meet annually upon the 
first Monday in October in each year, at or as near as may be the 
place where the last annual election was held. The second regu- 
lar meeting of the board shall be held on the third Monday in 
March in each year. The hour of meeting shall be ten o'clock in 
the forenoon. 

Section 522. Special meetings may be called by the presi- 
dent and secretary, upon the application of one-third of the mem- 
bers of the board. Such meetings shall be called by notifying 
each member of the board personally, or by leaving a written no- 
tice at his place of residence or business, stating the time, place, 
and objects of the meeting, at least five days before the time ap- 
pointed therefor. 

Section 523. The members of the board, a majority of whom 
shall constitute a quorum, assembled at the first and each succeed- 
ing annual meeting, shall elect from their number a president, vice 
president, and a secretary, who may or may not be one of their 
number; but who shall be a resident of the town to which the 
board belongs. Such secretary shall receive a compensation for 
services rendered, at not less than two nor more than three dol- 
lars per day, and he shall present a statement of his services ren- 
dered, at the annual meeting of the board. 

Section 524. The board of each town shall have power to 
purchase or hire [sites,] houses and rooms for the use of schools 
and to fence and improve the same, as they may deem proper, 
and upon such sites to build, enlarge, alter, improve and re- 
pair school-houses, outhouses, or any other building for school 
purposes, as they may deem advisable ; and also, whenever in the 
opinion of the board any school-house or school-house site is no 
longer needed for school purposes, the same may be sold and con- 
veyed in the corporate name of the board, such conveyance to be 
executed by the president and secretary of the board. 

Section 525. Said board shall, at the regular meeting in 
March, estimate and determine the amount of money which will be 
necessary for the support of schools, and for the building and re- 
pairing of school-houses, in the town for the year ensuing. 

Section 526. Said, board shall establish and maintain such 
and so man y schoo ls irTthFsever aTsirbHrstHFfsirml'eyt chiaj;ge. 
as they m ay deem re quisite an d expedient: pivvided, that there 
shall be at least one common school in each subdistrict, and that 
all such schools shall J)e kept each year not less than five months. 
The board shall have, in all respects, the supervision and man- 
agement of all the schools, with ful l p ower to ad opt, enforce, 
m.odify, and repeal, from t ime to time, all rules and regulations 
not inconsistent wit h the laws of this state, necessary for their or- 

f anization, gradati on, and contr ol, and for the instr uction given 
y th em in_ the~ different brancFes of edu cation taugh t therein, 
an3~to^ establish and enlSrce proper peQalties" f or thevlolation of 
such rules. 



127 

Section 527. x\ll powers conferred upon district boards by 
the provisions o£ this chapter, excepting those the exercise of 
which would conflict with the provisions of law relative to the 
township system, are hereby conferred upon the town bo.irds of 
directors herein provided for. 

Section 528. The president, vice-president, and secietary of 
the town board of directors shall constitute an executive com- 
mittee, who shall carry out, put in force, and execute all orders of 
the board; and for this purpose, all power and authority vested 
in such board shall be deemed vested in the executive committee ; 
and any duty devolved upon the said board shall devolve upon 
the executive committee ; but all the acts of the executive com- 
mittee shall be subject to review by the board at any regular 
meeting thereof. 

Section 529. The executive committee shall employ so many 
qualified teachers as they shall deem necessary to give instruction 
in all the schools under the charge of the board. Each contract 
shall be in writing, shall be signed by the teacher and by the 
president and secretary, and shall specify the wages per week, 
month, or year, agreed upon by the parties. 

Section 530. The secretary shall record all the proceedings 
of the board ; he shall keep an accurate and specific account of 
all expenses incurred by the board, including a list of all orders 
drawn by him, with the date, amount, person in whose favor, and 
object for which each order was issued ; he shall properly file all 
papers deposited with him in accordance with law, and shall keep 
and preserve all books, papers, and records belonging to his office, 
and deliver the same to his successor. 

Section 531. He shall make and keep in his office an accu- 
rate map of his town, showing the boundaries of all subdistricts 
and joint subdistricts, and the location of all school-houses and 
highways therein. When a new subdistrict is formed by the 
board of directors, or one is altered, he shall, within ten days 
thereafter, certify to the clerk of each subdistrict affected by such 
formation or alteration, a copy in writing of the record of the 
action of the board in the matter. 

Section 532. He shall have the immediate charge and super- 
vision of all the schools in the town, and shall, under the direc- 
tion of the board, organize and grade them, and assist the several 
teachers thereof in classifying and arranging them. He shall 
visit each school in his town at least twice during each term 
thereof ; shall examine into its condition and progress, consult 
. with and advise the teachers in regard to the methods of instruc- 
tion and government, and shall report to the board from time to 
time such improvements as his experience shall dictate are calcu- 
lated to benefit the school. 

Section 533. He shall draw orders on the town treasurer for 
money in the hands of such treasurer, which have been appor- 
tioned to the town, and for money collected or received by him 



128 



from other sources for school purposes, for the payment of teach- 
ers' wages, the purchase of school-house sites, the building, buy- 
ing, hiring, repairing, and furnishing of school-houses, and for all 
other lawful purposes, and each order shall designate the object 
for which and the fund upon which it was drawn, and shall be 
countersigned by the president. 

Section 534. It shall be the duty of the secretary, at least 
five days before the annual town meeting or election, each year 
to make to the board of supervisors of the town a written state- 
ment, showing the receipts of money for school purposes from all 
sources, and the disbursements of the same, during the year end- 
ing on the third Monday of March, in which statement shall be 
given under separate heads : 

1. The amount in the treasury at the beginning of the year. 

2. Amount received from the state fund. 

3. Amount collected by town treasurer. 

4. Amount received from all other sources. 

5. The manner in which such sums have been expended, speci- 
fying the amount paid under each head of expenditure. 

6. Amount remaining in the treasury. 

7. Amount of indebtedness of the township district, and when 
and how payable. 

The secretary shall accompany the above statement with esti- 
mates of the board of the amount necessary for the support of 
schools during the ensuing year, specifying the sums needed, 
under the following heads : 

1. Amount for teachers' wages. 

2. Amount for school-house sites, and for building, hiring, or 
purchasing school-houses. 

3. Amount for fuel. 

4. Amount for incidental expenses, including repairs, maps, 
globes, charts, and for all needful school room appurtenances. 

5. An amount not to exceed one hundred dollars to purchase 
library books. 

Section 535. It shall be the duty of the town board of each 
town in the state to present the statements and estimates above 
mentioned to the electors of the town at the annual town meeting 
or election, and the items of said estimates shall be passed upoa 
separately by a vote of the electors present ; but upon motion 
they may be increased or diminished; and if, for any reason, 
money for the support of schools shall not be voted at the annual 
town meeting, or a sufficient amount shall not then be voted, the 
supervisors shall present the estimates before mentioned to the 
electors, at the general election, in the fall, for a vote thereon. 

Section 536. The secretary shall furnish school registers in 
the form prescribed by the state superintendent, in which every 
teacher iw the town shall be required to enter the names, ages, and 
studies of all the scholars attending school, and, daily, their at- 



129 

tendance and absence, which register shall be deposited with the 
clerk oE the subdistrict at the end of each term of school. 

Section 537. It shall be the duty of the secretary, between 
the fifteenth and twenty- fifth days of September in each year, to 
make and transmit to the county superintendent a report in writ- 
ing, bearing dale on the fifteenth day of September, in the year 
of its transmission, stating : 

1. The whole number of subdistricts, and parts of subdistricts, 
separately set off within the town. 

2. The length of time a school shall have been taught in each 
of said subdistricts or parts of districts. 

8. The number of children taught in each, and the number of 
children over the age of four, and under the age of twenty years, 
residing in each. 

4. The whole amount of money received in the town for school 
purposes, since the date of the last preceding report, setting forth 
separately the amount received from the state through the county 
treasurer, the amount levied by the county board, and the amount 
raised by the town at its annual town meeting or general election. 

5. The manner in which said money has been expended, and 
whether any or what part remains unexpended, with such other 
information as the state superintendent may from time to time 
require. 

Section 538. The town clerk shall assess all sums voted at 
the annual town meeting, or at the general election, for the sup- 
port of schools, upon the real and personal property of the town 
as found in the assessment roll for the year in which said money 
is voted, and the sums so assessed shall in all respects be collected 
or returned delinquent like other taxes, and when collected, the 
money shall be held by the treasurer, and be by him paid out on 
the order of the president and secretary of said board. 

Section 539. If for any reason the electors of a town shall 
fail to vote an amount of money sufficient to maintain a school 
in each subdistrict for the term of five months, during the year 
ensuing, the secretary shall, on or before the fourth Monday of 
November of the year in which the electors shall fail to vote as 
aforesaid, certify to the town clerk the amount estimated by the 
board of directors, necessary for teachers' wages, fuel, repair of 
school-houses, and incidental expenses, and the town clerk shall 
assess the aggregate sum thus certified, upon all the taxable prop- 
erty of the town, in the assessment roll for that year, and the 
town treasurer shall collect the same as other taxes. 

The certificate of the secretary to the town clerk should be 
made on or before the third Monday in Kovember. See section 
472. 

Section 540. The town treasurer of each town shall apply 
9 



130 

for and receive from the treasurer of his county all money appor- 
tioned for common schools in his town and pay out the same, 
together with all money collected or received by him for school 
purposes, upon the order of the president and secretary of the 
town board of directors. 

Section 5il. The annual meeting of each subdistrict shall 
be held on the last Monday in September in each year. The time 
of such meeting shall be seven o'clock in the afternoon. 

Section 542. The inhabitants qualified by law to vote at a 
subdistrict meeting when assembled in annual meeting, shall have 
power, and it shall be their duty : 

1. To appoint a chairman for the time being. 

2. To appoint a secretary if the district clerk shall bs absent. 
8. To choose a clerk. 

4. To recommend to the town board of directors the number of 
months they desire to have school maintained in their subdistrict 
the ensuing year, and whether they desire a male or female 
teacher; the improvements and repairs which ought to be made 
on the school-house, outhouse, and grounds; what maps and 
charts or other aids in teaching should be furnished, and generally 
any thing, matter, or plan, which in their judgment, will advance 
the cause of education and benefit the school of their subdistrict. 

Section 543. The clerk shall record the proceedings of all 
district meetings; shall certify to the town board of directors any 
recommendations adopted by the electors of his subdistrict, in 
accordance with the provisions of the preceding section, and shall 
have charge of the school-house, and of all property therein or^ 
belonging or attached thereto, subject to the order or direction ob 
the board of directors. ij 

Section 544. He shall be a member of the board of directosst 
shall attend all meetings of the board, and shall carry out all laon- 
ful orders of the same having reference to the school-house of jre- 
district, or the school maintained therein. , or 

Section 545. He shall give at least six days' notice of evoth- 
annual meeting of the electors of his subdistrict, by poslion- 
notices therefor in four or more public places in the subdisti, in 
one of which notices shall be affixed to the outer door of .ons 
school-house ; and he shall act as secretary of all meetings witate 
present. at 

Section 546. When a new subdistrict is formed, or a vacanor 
occurs in the office of the subdistrict clerk, the executive coiy. 
mittee of the board of directors shall appoint a clerk, who shye 
hold his office until the annual meeting of the subdistrict nex- 
succeeding such appointment, 3 

Section 547. When a subdistrict is composed of parts of two 
or more towns, the board of directors of the town in which the 
school-house is situated, shall have the entire control of said sub- 
district, and shall maintain school therein as in other subdistricts ;^ 



131 

and the clerk of such joint subclistrict shall be a member of the 
board of directors of said town. At the annual meeting in Octo- 
ber, the board of directors shall calculate and determin'e the cost 
of maintaining the schools in said joint subdistrict, for the year 
ending at the close of the term preceding the meeting of thebo"ard, 
and the secretary shall certify such amount to the secretary of the 
board of each town, embraced in part in such joint subdistrict, 
together with the assessed valuation of said subdistrict, and each 
part thereof, as found in the assessment roll of the said town for 
that year ; on the receipt of such certificate, the secretary of the 
board of directors of each of said towns shall draw an order on 
the treasurer of his town, in favor of the town in which the school- 
house of said joint subdistrict is situated, for such a proportion 
of the whole cost of maintaining said school as aforesaid, as the 
assessedvalue of the property of his town, embraced in said joint 
subdistrict, is to the whole valuation thereof ; unless the propor- 
tion of such school-district taxes to be assessed in each such town 
shall have been ascertained, as provided in section four hundred 
and seventy-one, in which case he shall draw his order for such 
proportion ;_ and said order shall be paid out of any money in the 
bands of said treasurer, collected or received by him for the sup- 
port of schools in his town. 

Section 548. In case either of the towns embraced in part in 
said joint subdistrict shall not have adopted the township system 
of school government, the certificate before mentioned shall be 
made to the clerk of said subdistrict, and it shall be his duty to 
incorporate the proportional sum mentioned in the preceedino- 
section, in the returns of district taxes made by him to the town 
clerk of the town not having adopted such system, on the fourth 
[third] Monday of November succeeding the receipt of said cer- 
tificate ; and the said sum shall be assessed and collected with 
the other taxes of that part of the joint subdistrict, and shall he 
paid over by the town treasurer collecting the same to the treas- 
urer of the town in which the school-house of said joint subdis- 
trict is situated. 

_ Section 549. When the school-house of a joint subdistrict is 
situated in a town which has not adopted the township system of 
school government, the taxes for the support of schools"shall be 
raised, assessed, and collected as provided in this chapter ; but if 
any portion of said joint subdistrict shall be embraced in a town- 
ship which has adopted the town system, then the proportion of 
any district tax, which should be assessed upon the property of 
such part of said subdistrict, shall be certified by the town clerk 
of the town in which the school-house of said subdistrict is situ- 
ated, to the secretary of the town board of directors of the town 
comprising the part of the said joint subdistrict before mentioned ; 
and said secretary shall draw an order upon the town treasurer of 
his town in favor of the treasurer of the joint subdistrict for the 



132 



amount of tax thus certified ; and the said town treasurer shall 
pay the same out of any money held or received by him for school 
purposes. 

Section 550. Prior to the erection of any school-house by 
the board of directors, they shall estimate and determine the val- 
uation of all the school-houses and sites in their town, and, when 
so determined, the secretary shall place upon record a tabular 
statement, containing the number of each subdistrict, the value 
of its school-house and site, and the valuation of its taxable 
property as appears from the last assessment roll of the town ; 
and thereafter, for a period of ten years from the date of the 
meeting at which such determination of values was had, when a 
tax shall be voted to build a school-house or purchase a site, 
such tax shall be so distributed and assessed upon the several 
subdistricts, that those having the least amount invested in school- 
houses and sites in proportion to the assessed valuation of their 
property, as appears from the record made at the time of the de- 
termination of values aforesaid, shall pay most toward said tax in 
proportion to the valuation of the property at the time the tax is 
assessed, in order that the sums paid by the different subdistricts 
in the town for the purchase of sites and the erection of school- 
houses shall be equalized ; but if the board of directors of any 
town shall decide that taxes for the purchase of sites and the 
erection of school-houses shall be assessed equally upon property, 
then the aforesaid provision in reference to equalizing such taxes 
shall not be operative in such town. 

Section 551. Whenever the territory of a school-district of 
an incorporated village shall extend beyond the limits of such 
village, the whole of such territory shall remain in such district, 
and Ibrm a part thereof until detached by authority of law ; and 
such district and everv village containing a graded school of three 
or more departments shall be exempt from the provisions of this 
chapter relating to the township system, except as hereinafter 
provided. 

Section 552. The legal voters of any town in the state may 
at any annual town meeting, or at any general election, vote upon 
the question of township school government. Such voting shall 
be by ballot, and the ballots used shall have written or printed 
thereon the words, " township school government, yes ;" or the 
words, "township school government, no." A separate box shall 
be provided for the reception of said ballots, and the votes cast 
shall be counted, canvassed, and a record thereof made, as in case 
of other votes cast at such election ; and if it shall appear that a 
majority of the ballots cast have written thereon the words, 
"township school government, yes," then the provisions of this 
chapter, providing for the township system, shall immediately 
become operative in such town ; otherwise they shall have no 
force or effect therein. No vote shall be taken on the question 



Idi 



of township school government in pursuance of this chapter un- 
less notice thereof shall be given as hereinafter provided. The 
town clerk of any town, upon the petition in writing of any ten 
electors of said town, shall publish, by posting in three of the 
most public places in said town, a notice in writing that the ques- 
tion of township school government will be submitted to the elec- 
tors of said town at the ensuing annual town meeting or general 
election. Such notice shall be so published and posted at least 
ten days before the holding of any such town meeting or election ; 
and any town having adopted the township school government 
according to the provisions of this chapter, may abolish the same 
at any town meeting or general election, in the same manner as 
provided for its adoption in this section ; but when the system of 
township school government shall be adopted, it shall continue in 
force two years from the date of its adoption, before the question 
of abolishing it shall be acted upon. Whenever the electors of 
any incorporated village, having a graded school with three or 
more departments, shall desire to adopt the township system of 
schools, they may vote upon the question at any charter or gen- 
eral election held in Such village ; such vote shall be by ballot of 
the form above described, and upon like notice, and if a majority 
of the votes cast upon that subject shall be in favor of the adop- 
tion of said system, then such village shall become a part of the 
township system of the town in which the same is situated. 

Section" 553. Whenever any school-district in any town, 
adopting the township system, shall be indebted at the time of 
such adoption upon a loan from the state, or otherwise, such dis- 
trict shall remain liable for the payment of such indebtedness, 
and no alteration of the boundaries of such district as a subdis- 
trict in such town shall ever be made until such debt is fully 
paid, except as provided in section two hundred and sixty-three. 
The clerk of such subdistrict shall annually certify to the town 
clerk the sum necessary to be raised as taxes in such subdistrict for 
the payment of such indebtedness, with the interest thereon in the 
same manner and with like effect, as the clerk of such district 
was required by law to certify the same, and the town clerk shall 
extend the amount of such taxes upon the tax roll, upon the tax- 
able property of such subdistrict, in like manner as if the same 
had been certified by the clerk of such district ; and the same 
shall be collected by the town treasurer and be applied by him 
exclusively to the payment of such debt. 

Not many towns have as yet made trial of the system provided 
for in the preceding sections. There is a natural hesitation in 
changing from the methods of school management with which 
people are familiar, to others that are new to them. It will be 
seen that section 552 provides that any town which adopts the 



134 



system and is not satisfied with it, can return to the old one, but 
not till after a trial of two year?. With a little patience, how- 
ever, and a willingness to consider the general good rather than 
local advantage, the town organization will be found much better 
than the plan of single, independent districts. 

The advantages of the system may be briefly restated, at this 
time, under the following heads : 

1. It would promote economy and simplicity. A town with 
ten districts, not an unusual number, requires the services of 
thirty school officers, besides those of the town clerk, the town 
treasurer, and the town board, in the administration of school 
affairs. A board of five directors, with the town treasurer, would 
do all the business more intelligently, more efficiently, and at 
much less expense. 

2. It would aid in securing peace and quiet. As shown by 
numerous appeals taken to the state superintendent, and by the 
correspondence of the office, there are constant disputes about 
district boundaries, the lawfulness of the action of district meet- 
ings or district boards, to the great detriment of the schools. Un- 
der the consolidated system, this trouble would mostly disappear. 
Each voter would have, as now, a voice in the election of the 
school officers, and in the determination of the school policy. 
Each tax-payer would pay his school taxes for the general good, 
and be allowed to send to the most convenient and appropriate 
school. 

8. School taxes would be uniform and equitable. Public 
schools, are for the public good, and should be supported at the 
public charge. A state school tax, supplementing the income of 
the school fund, would leave the local taxation lighter, and the 
burden of sustaining the schools would be still farther equalized. 

4. Theschools would also be much more uniform, and of better 
average quality. At present, we find an excellent school, per- 
haps, in one district, and in the next a poor one ; chiefly, some- 
times, because the people are poor. But the state cannot afford 
to tolerate poor schools. 

5. Graded schools are generally out of the question, under the 
present system. Under a town system, they could be much more 



135 

readily introduced, as increase of population and the advance- 
ment of pupils might render it desirable. A considerable number 
of towns could at once establish a central school of higher grade, 
open to all pupils of sufficient advancement. This would, in 
effect, grade the other schools. Some advantages, beyond those 
of elementary instruction, would thus be attainable, more espe- 
cially in towns embracing villages. 

6. A course of study could be much more readily introduced, 
and made uniform, if desired, for the county. 

7. Text-books and apparatus could be uniformly and ade- 
quately supplied, and at reasonable rates. 

8. Teachers would be employed for their fitness, and longer 
retained, and would do far better work. A superior teacher would 
naturally be secured for the central school of highest grade, if 
established, who would diffuse correct methods of teaching 
through all the school?. 

9. Supervision, now almost a nullity, would be exercised by 
such head teacher, or by the secretary of the town board ; and 
the general care of the schools on the part of the county superin- 
tendent, would be properly supplemented. 

10. School-houses would be better, and better located, the law 
providing, as it does now, for the equalization of cost, for a series 
of years, 

11. Town libraries would naturally and readily connect them- 
selves with a town system of schools, greatly to the public 
benefit. 

12. Statistics would be uniform, reliable, and of some value. 

No human system is perfect. The school system here advo- 
cated, opens possibilities, nevertheless, which cannot be realized 
under the present one, except in rare cases. It would certainly ren- 
der it practicable to make the bulk of the country schools much 
better than they now are. The town system, as distinguished from 
the single district system, is in fact the original school system of 
our country. This subject is discussed in the report of the state 
superintendent for 1879. The system should, therefore, be en- 
acted into law, without much longer delay. The present permis- 
sive law was intended as an experiment. Though well devised, 



136 



in the main, it retains too much of the present system, and should 
be carefully recast. 

XVL OF THE DISTEIBUTION OF THE SCHOOL 
FUND INCOME. 

[Chapter 28, Revised Statutes.] 

Section 554. The school fund income which shall have been 
received up to and including the first da}^ of June, shall be appor- 
tioned by the state superintendent between the tenth and fifteenth 
days of June, in each year. Such apportionment shall be made 
among the several counties, and the several towns, specially incor- 
porated villages, and cities in each county, according to the num- 
ber of children in each over the a2;e of four and under the age of 
twenty years, as shown by the reports made to the state superin- 
tendent during the year preceding ; but no apportionment shall 
be made to any town, village, or city which shall have failed to 
raise by tax during the preceding year for the support of common 
schools therein, a sum equal to one-half the amount of its share 
from the school fund income, unless the town or village board or 
common council of such city so failing shall have transferred, as 
they are hereby authorized to do, from the general fund to the 
school fund of the town, village, or city for such purpose, the 
amount of deficit in such school tax, and the town, village, or 
city clerk shall have filed with the state superintendent his certifi- 
cate showing such transfer to the school fund, and his apportion- 
ment thereof to the proper school-districts, or transfer to the board 
of education, before the tenth day of June; and no apportion- 
ment shall be made to any city, village, or town for any school 
district therein, for any year during which such district shall not 
have maintained a common school, taught by a qualified teacher, 
for five months, unless the state superintendent shall be satisfied 
that school was so taught for three months, and the failure to 
maintain it for the full five months was occasioned by some ex- 
traordinary cause, and not arising from neglect or intent to avoid 
the legal obligation ; nor to any town, village, or city, nor for any 
school-district, reports of which as required by law shall not have 
been made and transmitted during the preceding year to the state 
superintendent; nor to any city for any year, the report for which 
shall not show that the number of children between the ages afore- 
said residing therein, has been ascertained by an actual census 
taken under the direction of the board of education, orother body 
having the government of common schools therein, by their clerk 
or persons of their appointment for that purpose. Whenever a 
certified statement of the county clerk of any county, made to the 
state superintendent, shall not show that the amount required by 
law to be raised for school purposes has been directed to be raised 



137 

during the year by the county board, the amount of the school 
fund income otherwise apportionable to such county shall be with- 
held ^nd added to the capital of the school fund. 

Under section 1074 of the revised statutes, the county board 
is required to levy a tax upon each town for the support of com- 
mon schools therein the ensuing year, which shall not be less than 
the amount apportioned to such town in the last apportionment 
of the income of the school fund. If no apportionment has yet 
been made to any new town, then the tax levied should be pro- 
portionate to that levied upon the other towns. 

If by any mistake or oversight an amount less than that last 
apportioned is levied upon any town, the town board is author- 
ized, under the foregoing section, to transfer the deficiency from 
the general fund to the school fund of the town, and the town 
clerk will certify to the state superintendent that the transfer 
has been made, and that the money has been properly apportioned. 
The town is then entitled to receive its share of the income of the 
school fund. But under section 1075, the deficiency in the tax is 
to be added to the school tax levied the ensuing year. 

Formerly the legislature, by special acts, authorized the appor- 
tionment of school money to districts which had been prevented 
from maintaining five months' school, in consequence of the burn- 
ing of the school-house, the prevalence of an epidemic disease, 
or any similar extraordinary cause, if there had been as much as 
three months school, and the general law is to be interpreted in 
the same spirit. 

SECTioisr 555. The state superintendent shall certify the ap- 
portionment made as aforesaid to the secretary of state, and shall 
immediately give notice thereof to each county clerk and county 
treasurer, stating the amount apportioned to his county, and to 
each town, village, and city therein. Upon receiving such appor- 
tionment, the secretary of state shall draw his warrant upon the 
state treasurer, payable to the proper county treasurer, for the 
total amount apportioned each county. 

Section 556. Whenever any officer shall omit to make, 
within the time fixed, any statement or report required to be 
made to the state superintendent, he shall notify such officer by 
mail, or otherwise, of such omission, but the failure of the state 
superintendent so to do shall in no manner affect the consequences 
of such omission. If at any time within two years after an ap- 



138 

portioament, in which any town, village, city, or school-district 
was excluded upon any ground mentioned in section five hundred 
and fifty-four, satisfactory evidence shall be filed with the state 
superintendent that such exclusion was due to some mistake or 
omission of some officer, and that such town, village, city, or 
school-district was legally entitled to have shared in such appor- 
tionment, the state superintendent shall certify such facts, and 
the amount justly apportionable thereto, to the secretary of state, 
and notify the county clerk and treasurer of the proper county 
thereof. The secretary of state shall draw his warrant therefor, 
and the money shall be paid from the school fund income for the 
use of such town, village, city, or school-district, as if originally 
apportioned. 

SECTioisr 557. Each county treasurer shall apply for and re- 
ceive the school money due to his county as soon as apportioned, 
and shall immediately give notice in writing of the amount ap- 
portioned to each town, village, and city in his county, to the 
treasurer and clerk thereof, respectively, and shall pay the same 
to each such treasurer on demand, who shall pay the same to the 
proper school treasurer, as provided by law. If any such town, 
village, or city treasurer shall not demand such money before the 
next receipt of school money apportioned to such county, the 
county treasurer shall add such sum remaining in his hands to 
the money so next received, and distribute the same therewith 
and in the same proportion among the several towns, villages, and 
cities entitled thereto in such county. 

Section 558. The town clerk shall apportion all school money 
received from the state, and also all raised by the town, among 
the several districts and parts of districts within the town, in 
proportion to the number of children between the ages of four 
and twenty years, residing in each, taking such number from the 
last annual reports of their repective clerks. But if after the date 
of such reports any district shall have been altered or a new one 
formed, so as to render an apportionment founded on such annual 
reports unjust between an}'- districts, the town clerk shall ascer- 
tain the number of such children by the best evidence within his 
reach. No money shall be apportioned to any district or part of 
a district unless the last annual report thereof, verified by the 
affidavit of the district clerk, shall show that all school money re- 
ceived from the state during the year ending with the date of 
such report, has been applied to the payment of the wages of a 
legally qualified teacher, and that a school has been taught in such 
district by such a teacher for at least five months during the year 
ending with the date of such report; but any time which such 
report shall show was spent by such teacher in attendance on an 
institute in the county, and given by the district board without 
deduction from such teacher's wages therefor, shall be included as 
part of such five months. 



139 

Section" 559. All money apportioned by the town clerk to 
any district or part of a district, which shall have remained in the 
hands of the town treasurer for one year after such apportion- 
ment, by reason of such district or part of district neglecting or 
refusing to receive the same, shall be added to the money next 
thereafter to be apportioned by such town clerk to the several 
districts and parts of districts in such town, and apportioned 
therewith. 

Section 560. In reckoning school months, twenty days, as 
specified in section four hundred and fifty-nine, shall constitute a 
month, and one hundred days five months. 

It is to be carefully noted that all moneys apportioned by the 
town clerk, must be apportioned according to the number of per- 
sons over four and under twenty yeans of age residing in the sev- 
eral districts and parts of districts of his town, in which five 
months' school have been maintained duringthe past year. Money 
must not be apportioned to any district that does not furnish the 
evidence required by section 558 : 

1. That a school has been taught therein. 

2. That the teacher thereof was duly qualified. 

3. That the school was maintained at least five months during 
the year (including legal holidays) ; and, 

4. That an amount equal to that received from the income of 
the school fund, has been applied to the payment of teachers' 
wages. 

No new district is entitled to any public money until it shall 
have had five months' school ; but, if an alteration of a district 
be made, and a new district be formed as the result of such alter- 
ation, between the time of making the annual report and. the time 
for making the next apportionment, the money drawn on account 
of the pupils thus set oflt' from a district, after being reported as 
pupils of that district, must be paid to the district in which such 
pupils are found. 

Public money of any kind remaining in the hands of the town 
treasurer for one year after having been apportioned by the town 
clerk, must be added to the amount to be apportioned for the next 
year. 



140 



XVII. OF THE UNIVERSITY. 

[Chapter 35, Revised Statutes.} 

Section 377. There is established in this state, at the city of 
Madison, an institution of learning by the name and style of 
*' The University of Wisconsin." 

Section 378. The government of the university shall vest in 
a board of regents, to consist of eleven members, one from each 
congressional district of the state, and two from the state at large, 
to be appointed by the governor; and the state superintendent 
shall during his term of office, be a member of said board. The 
term of office of said regents shall be three years from the first 
Monday in February in the year in which appointed, unless sooner 
removed by the governor; but appointments to fill vacancies, be- 
fore the expiration of a term, shall be for the residue of the term 
only. 

Section 379. The board of regents and their successors in 
office, shall constitute a body corporate, by the name of " the 
regents of the university of Wisconsin," and shall possess all the 
powers necessary or convenient to accomplish the objects and 
perform the duties prescribed by law, and shall have the custody 
of the books, records, buildings, and all other property of said 
■university. The board shall elect a president and a secretary, 
who shall perform such duties as may be prescribed by the by- 
laws of the board. The secretary shall keep a faithful record of 
all the transactions of the board, and of the executive committee 
■thereof. The state treasurer shall be the treasurer of the board, 
and perform all the duties of such office, subject to such regula- 
tions as the board may adopt, not inconsistent with his official 
duties, and he and his sureties shall be liable, on his official bond 
as state treasurer, for the faithful discharge of such duties. 

Section 380. The lime for the election of the president and 
secretary of said board, and the duration of their respective terms 
of office, and the times for holding the regular annual meeting, 
and such other meetings as may be required, and the manner of 
notifying the same, shall be determined by the by-laws of the 
board. A majority of the board shall constitute a quorum for 
the transaction of business, but a less number may adjourn from 
time to time. 

Section 381. The board of regents shall enact laws for the 
government of the university in all its branches; elect a president 
and the requisite number of professors, instructors, officers, and 
employes, and fix the salaries and the term of office of each, 
and determine the moral and educational qualifications of appli- 
cants for admission to the various courses of instruction ; but no 
instruction, either sectarian in religion or partisan in politics, 
shall ever be allowed in any department of the university ; and 



141 



no sectarian or partisan test shall ever be allowed or exercised in 
the appointment of regents or in the election of professors, teach- 
ers, or other officers of the university, or in the admission of stu- 
dents thereto, or for any purpose whatever. The board of re- 
gents shall have power to remove the president or any professor, 
instructor, or officer of the university, when, in their judgment, 
the interests of the university require it. The board may pre- 
scribe rules and regulations for the management of the libraries, 
cabinet, museum, laboratories, and all other property of the uni- 
versity, and of its several departments, and for the care and pre- 
servation thereof, with penalties and forfeitures, by way of dama- 
ges for their violation ; which may be sued for and collected in 
the name of the board, before any court having jurisdiction of 
such action. 

Section 882. The board of regents are authorized to expend 
such portion of the income of the university fund as they may 
deem expedient for the erection of suitable buildings, and the 
purchase of apparatus, a librarj^, cabinets, and additions thereto ; 
and if they deem it expedient, may receive, in connection with 
the university, any college in this state, upon application of its 
board of trustees; and such college, so received, shall become a 
branch of the university, and be subject to the visitation of the 
regents. 

Section 883. At the close of each fiscal year, the regents, 
through their president, shall make a report in detail to the gov- 
ernor, exhibiting the progress, condition, and wants of each of the 
colleges embraced in the university, the course of study in each, 
the number of professors and students, the amount of receipts 
and disbursements, together with the nature, costs, and results of 
all important investigations and experiments, and such other in- 
formation as they may deem important, one copy of which shall 
be transmitted free, by the secretary of state, to all colleges en- 
dowed under the provisions of the act of congress, entitled, " An 
act donating land to the several states and territories which pro- 
vide colleges for the benefit of agriculture and the mechanic 
arts," approved July 2, 1862 ; and also, one copy to the secretarv 
of the interior, as provided in said act. 

Section 384 The president of the university shall be pres- 
ident of the several faculties, and the executive head of the in- 
structional force in all its departments ; as such he shall have 
authority, subject to the board of regents, to give general direc- 
tion to the instruction and scientific investigations of the several 
colleges, and so long as the interests of the institution require it, 
he shall be charged with the duties of one of the professorships. 
The immediate government of the several colleges shall be in- 
trusted to their respective faculties, but the regents shall have 
the power to regulate the courses of instruction, and prescribe 
the books or works to be used in the several courses, and also to 



142 

confer such degrees and grant such diplomas as are usual in uni- 
versities, or as they shall deem appropriate, and to confer upon 
the faculty, by by-laws, the power to suspend or expel students 
for misconduct or other cause prescribed in such by-laws. 

Section 385. The object of the university of Wisconsin 
shall be to provide the means of acquiring a thorough knowledge 
of the various branches of learning connected with scientific, in- 
dustrial, and professional pursuits, and to this end it shall consist 
of the following colleges or departments, to wit : 

1. The college or department of arts. 

2. The college or department of letters. 

8. Such professional or other colleges or departments as now 
are, or may, from time to time, be added thereto or connected 
therewith. 

Section 386. The college or department of arts shall embrace 
courses of instruction in mathematical, physical, and natural 
sciences, with their application to the industrial arts, such as ag- 
riculture, mechanics, engineering, mining and metallurgy, manu- 
factures, architecture, and commerce; in such branches included 
in the college of letters, as shall be necessary to proper fitnes ; of 
the pupils in the scientific and practical courses for their chosen 
pursuits, and in military tactics ; and as soon as the income of the 
university will allow, in such order as the wants of the public 
shall seem to require, the said courses in the sciences and their 
application to the practical arts shall be expanded into distinct 
colleges of the university, each with its own faculty and appro- 
priate tide. The college of letters shall be co-existent with the col- 
lege of arts, and shall embrace a liberal course of instruction in 
language, literature, and philosophy, together with such courses, 
or parts of courses in the college of arts as the regents of the uni 
versit}^ shall prescribe. 

Section 387. The university shall be open to female as well 
as to male students, under such regulations and restrictions as the 
board of regents may deem proper; and all able bodied male 
students of the university, in whatever college, may receive in- 
struction and discipline in military tactics, the requisite arms for 
which shall be furnished by the state. After any person has 
graduated at the state university, and, after such graduation, has 
successfully taught a public school in this state for sixteen school 
months, the superintendent of public instruction shall have 
authority to countersign the diploma of such teacher after such 
examination as to moral character, learning, and ability to teach, 
as to the said superintendent may seem proper and reasonable. 
Any person holding a diploma granted by the board of regents 
of the state university, certifying that the person holding the same 
is a graduate of the state university, shall, after his diploma has 
been countersigned by the state superintendent of public instruc- 
tion as aforesaid, be deemed qualified to teach any of the pub- 



143 

lie schools of this state, and such diploma shall be a certificate 
of such qualification until annulled bj the state superintendent 
of public instruction. 

Section 388. No student who shall have been a resident of 
the state for one year next preceding his admission, shall be re- 
quired to pay any fees for tuition in the university, except in the 
law department and for extra studies. The regents may prescribe 
rates of tuition for any pupil in the law department, or who shall 
not have been a resident as aforesaid, and for teaching extra 
studies. 

SECTioisr 389. For the support and endowment of the univer- 
sity, there is annually and perpetually appropriated : 

1. The university fund income and all other suras of money 
appropriated by any law to the university fund income. 

2. The agricultural college fund income. 

3. All such contributions as may be derived from public or 
private bounty. 

The entire income of all said funds shall be placed at the dis- 
posal of the board of regents by transfer to the treasurer of said 
board, thenceforth to be distinct and independent of the accounts 
of the state, and for the support of the aforesaid colleges or depart- 
ments of arts, of letters, and such other colleges and departments 
as shall be established in the university or connected therewith ; 
but all means derived from other public or private bounty shall 

, be exclusively devoted to the specific objects for which thev shall 

^. have been designated by the grantor. 
', Section 390. There shall be levied and collected annually, a 
\ate tax, of ooe-tenth of one mill for each dollar of the assessed 
sMuation of the taxable property of the state; which amount, 
inVen so levied and collected, is appropriated to the university 
dim income, to be used annually as a part thereof; and this ap- 
sucl^riation shall be deemed a full compensation for all deficien- 
shal, in said income, arising from the disposition of the lands 
monted to the state by congress, in trust, for the benefit of said 
travme. 

serviCTiON 391. The sum of three thousand dollars shall be set 
schou annually, forever, from the receipts of the tax mentioned in 
to anpreceding section, so soon as a complete and well-equipped 
reta^momical observatory shall be given to the university on 
Si)wn grounds, without cost to the state, to be expended by 
saidregents in astronomical work and instruction : provided, such 
suc|4ervatory be completed by the fourth day of July, A. D. 1879. 
an^sECTiON 392. The regents shall each receive the actual amount 
ref his expenses in traveling to and from, and in attendance upon 
sijil meetings of the board, or incurred in the performance of any 
siiuty in pursuance of any direction of the board ; accounts for 
fsuch expenses, duly authenticated, shall be audited by the board, 
/and be paid on their order by the treasurer, out of the university 
; fund income. No regent shall receive any pay, mileage, or per 
diem, except as above prescribed. 



144 



XVIII. OF NORMAL SCHOOLS AND OF ACADEMIES 

[Chapter 26, Revised Statutes.] 

Section 393. For the government of normal schools estab- 
lished, and which may hereafter be established, and for the per- 
formance of the duties prescribed to them, there is constituted a 
board of eleven regent?, called " the board of regents of normal 
schools," composed of the governor and state superintendent, as 
ex officio regents, and of nine appointed regents. The term of 
office of the regents appointed, commencing with the first Mon- 
day of February in the year in which appointed, shall be three 
years, and until the appointment and qualification of their respec- 
tive successors ; and they are now and shall continue divided into 
three classes, so that the term of office of three regents shall ex- 
pire each year ; and not more than two such members of the 
board shall reside in any one congressional district. The gover- 
nor shall fill all vacancies by appointment, by and with the 
approval of the senate, if the legislature be in session, and if not, 
then subject to the approval of the senate at the next succeeding 
session ; but in case of a vacancy before the expiration of a term, 
the appointment shall be for the residue of the term only. 

Section 394. The board of regents and their successors in 
office are constituted a body corporate, by the name aforesaid ; 
and may purchase, have, hold, control, possess, and enjoy, in trust 
for the state, for educational purposes solely, any lands, tena- 
ments, hereditaments, goods and chattels of any nature, which may ' 
be necessar}'- and required for the purposes, objects, and uses of- 
the state normal schools, authorized by law, and none other, witlin 
full power to sell or dispose of such personal property or ares, 
part thereof, when, in their judgment it shall be for the inter^ini 
of the state; and shall possess all other powers necessary or d 
venient, to accomplish the objects and perform the duties j^ell 
scribed by law. The board of regents shall not sell, mortgage! the 
dispose of, in any way, any real estate, nor borrow money, wlpalo 
out the express authority of the legislature ; nor shall they a in- 
tract indebtedness, nor incur liabilities to exceed, at any times for 
the aggregate, the amount of money which, under the provisi has 
of law, shall then be at their disposal, in the hands of the s has 
treasurer; nor shall said board ever reduce the amount soaool 
their disposal below the aggregate amount of their indebtednessave 
liability, except in payment of such indebtedness or liabilittch 
The proceeds of the sale of arny real or personal estate shall teb, 
paid by them into the treasury, and shall become a part of the irJe. 
come of the normal school fund. The entire income of thts 
normal school fund shall be placed at the disposal of the^ 
board of regents of the normal schools by transfer to the 1 
treasurer of said board, and shall be distinct and independent \ 
from the accounts of the state, and be applied for the support of 
normal schools as provided by law. 



145 

Section 395. The officers of the board shall be a president, 
vice-president, and secretary ; they shall severally hold their offi- 
ces for the term of one year, and until their successors are elected, 
and shall perform the duties incident to their several offices, and 
such as are prescribed by the board. The state treasurer shall 
be tx officio the treasurer of the board, but the board may appoint 
suitable persons to receive and pay to the treasurer any tuition 
fees, or other moneys that may be due from any student or other 
person. 

Section 896. The said board shall hold an annual meeting at 
the capito], on the second Wednesday in July in each year, or at 
such time as they may designate. Special meetings may be 
called by the governor, or by the president of the board, on a pe- 
tition, signed for that purpose by any three regents. A majority 
of the regents shall constitute a quorum for the transaction of 
business ; but a less number may adjourn from time to time. 

Section 397. Any regent may be removed from office for 
cause, upon reasonable notice, by a vote of two-thirds of all 
the regents. No regent or officer, trustee or person, appointed 
or employed in any position or capacity, connected with normal 
schools or normal institutes, shall at any time act as agent of any 
author or publisher of, or dealer in school books, maps, or charts, 
or school library books, or school furniture or apparatus, or be- 
come interested, directly or indirectly in the publication, manu- 
facture, or sale of anysuch, as agent or otherwise ; and for a vio- 
lation hereof, any regent shall be expelled from the board by a 
majority vote of the regents. 

Section 398. No member of the board of normal reo-ents 
shall receive any pay for traveling to or attendance at any meet- 
ing of the board ; but for any specific service rendered under the 
direction of the board, other than attending the meetings thereof, 
such compensation may be allowed any member, as the board 
shall deem just and reasonable ; and such compensation and all 
moneys actually and necessarily expended by any member in 
traveling, attending meetings, or performing any other duty or 
service, directed to be performed, shall be paid out of the normal 
school fund income in the state treasury, on accounts presented 
to and adjusted by the board, and certificate signed by the sec- 
retary and president thereof. 

Section 399. In addition to those heretofore established, the 
said board of regents may establish other state normal schools, at 
such places as they may designate, upon sites selected by them ; 
and when, in their opinion, the educational interests of the state 
require it, they may proceed to erect suitable buildings upon the 
sites so selected, and they may enlarge, alter, or repair any normal 
school buildings. Whenever any such site shall be donated, then 
as soon as the title thereto shall be vested in them in fee in trust 
as aforesaid, and when money is donated, then as soon as such 

10 



146 



money is paid into the state treasury, subject to be paid out only on 
the warrant of the secretary of state, as provided in the next sec- 
tion, or secured to be paid by the deposit with the state treasurer 
of United States or Wisconsin state bonds, in amount equal in 
value to the sums of money so donated, said board may procure 
suitable plans and specifications for such buildings, alterations, or 
repairs thereof, and employ persons to superintend the construc- 
tion of the same; and they may advertise for proposals to erect, 
repair, or enlarge any normal school building, reserving the right 
to reject any and all proposals made in pursuance of such adver- 
tisements ; and the expense of such advertising and procuring 
plans and specifications shall be paid from the normal school fund 
income. 

Section 400. The said board shall demand and receive the 
sums of money donated and subscribed by any persons, or any 
town, incorporated village, city, or county, to aid in the erection 
of the necessary buildings for normal schools, in such manner as 
said board may prescribe, and apply the same in the erection and 
completion of said buildings, the purchase of the necessary books, 
apparatus, furniture, and fixtures, and for various other incidental 
expenses, to be incurred by said board, in pursuance of the pro- 
visions of these statutes ; and if any surplus shall remain, apply 
the same to the expenses of conducting said normal schools; and 
any deficit which may arise in the erection and completion of said 
building, and purchases aforesaid shall be paid out of the normal 
school fund income. 

The next section was amended by chapter 98 of the laws of 
1879, to read as follows : 

Section 401. All payments for the erection, repairs, or enlarge- 
ment of any normal school building, or for fixtures and furniture 
therefor, and all disbursements from the normal school fund in- 
come, including the expenses of the boards of visitors of normal 
schools, appointed by the superintendent of public instruction, 
and the expenses of institutes hereinafter in this chapter author- 
ized and provided for, shall be made by the treasurer of said 
board cf regents, on the warrant of the secretary of said board, 
countersigned by the president thereof, drawn in accordance with 
the directions of the said board of regents, in payment of 
accounts duly audited and adjusted in accordance with the 
rules and regulations of the said board of regents ; and 
in case of a donation, no such warrant shall be issued, until 
the sums donated and subscribed shall have been paid in 
full into the state treasury, nor, in any case, until the work shall 
be done, or services rendered, or buildings erected, or fixtures or 
furniture purchased, under the direction of the said board, entit- 
ling the applicant to such warrant, according to a contract or 
agreement with said board for that purpose. 



147 

So much of sections 406 and 409, on the two pages following 
this, and of all other acts or parts of acts as were inconsistent with 
the provisions of this section, was, repealed by the act of 1879 
aforesaid. 

Section 402. The exclusive purpose and objects of each nor- 
mal school shall be the instruction and training of persons, both 
male and female, in the theory and art of teaching, and in all the 
various branches that pertain to a good common school education, 
and in all subjects needful to qualif}^ for teaching in the public 
schools; also to give instruction in the fundamental laws of the 
United States and of this stite, in what regards the rights and 
duties of citizens. 

Section 403. Said board shall also establish a model school 
or schools for practice in connection with each state normal school, 
and shall make all the regulations necessary to govern and sup- 
port the same ; and they may in their discretion admit pupils to 
such model schools free of charge of tuition. 

Section 404. The said board shall have the government and 
control of all the normal schools, and shall have power therefor : 

1. To make rules, regulations, and by-laws for the good govern- 
ment and management of the same, and each department thereof. 

2. To appoint a principal and assistants, and such other teachers 
and officers, and to employ such persons, as may be required for 
each of said schools; to fix the salary of each person so appointed 
or employed, and to prescribe their several duties. 

3. To remove at pleasure any principal, assistant, or other 
officer or person, from any office or employment in connection 
with any such school. 

4. To purchase any needtul and proper apparatus, books, or 
articles, to assist in instruction, and to provide for all necessary 
fuel and supplies for the conduct of such schools. 

5. To prescribe the courses of study, and the various books to 
be used in such schools. 

6. To cause notice to be given of the opening of such schools, 
and the several terms thereof. 

7. To prescribe rules and regulations for the admission of stu- 
dents, but every applicant for admission shall undergo an exam- 
ination to be prescribed by the board, and shall be rejected if it 
shall appear that he is not of good moral character, or if applying 
as a free pupil, will not make an apt or good teacher. 

8. To require any applicant for admission, other than such as 
shall, prior to admission, sign and file with said board a declara- 
tion of intention to follow the business of teaching common schools 
in this state, to pay, or to secure to be paid, such fees for tuition 
as the board may deem proper and reasonable. 

9. To cause lectures on any art, science, or branch of literature 
to be delivered in any such schools, on such terms and conditions 
as they may prescribe. 



148 

10. To confer by by-laws upon the principals of the several 
normal schools the power to suspend or expel pupils for miscon- 
duct, or other cause prescribed in such b3''-]awp. 

DIPLOMAS AND STATE CERTIFICATES. 

Section 405. Said board may grant diplomas in testimony of 
scholarship and ability to teach, but no such diploma shall be 
granted until such graduate shall have passed a thorough and 
satisfactory examination in the course of study prescribed by the 
board. When any such graduate has, after receiving such diploma, 
taught a public school in this state one year, the state superin- 
tendent may, after such examination as to moral character, learn- 
ing, and ability to teach, as to him may seem proper, countersign 
the diploma of such teacher, and thereafter such countersigned 
diploma shall be evidence of his qualifications to teach in any 
common school, and shall have the force and effect of an unlim- 
ited state certificate. The said board may also, on such condi- 
tions as they may determine, grant a certificate of attendance, 
certifying that the holder has completed the elementary course in 
a normal school, and is qualified to teach a common school ; and 
the said superintendent may, upon conditions above prescribed 
respecting diplomas, countersign such certificate, and thereafter, 
such countersigned certificate shall be evidence of his qualificatioa 
to teach in any common school of the state, and shall have the 
full force and effect of a limited state certificate. 

VISITORS. 

Section 406. After any state normal school shall have com- 
menced its first terra, and at least once in each year thereafter, it 
shall be visited by three suitable persons, not members of the 
board, but to be appointed by the state superintendent, who shall 
examine thoroughly'- into the condition, organization, and manage- 
ment of the school, and shall report to tbe said superintendent 
their views in regard to its success and usefulness, and any other 
matters they may judge expedient. Such visitors shall be ap- 
pointed annually, and their report shall bear date of the thirty- 
first day of August, and cover the year preceding such date. The 
secretary of state shall audit the accounts of the visitors for ex- 
penses actually incurred in such service, on the certificate of said 
superintendent of their appointment ; and the same shall be paid 
out of the state treasury, out of the normal school fund income. 

See section 401, and the comment on the same. 

teachers' institutes. 

Section 407. Institutes for the instruction of teachers shall 
be held in each year, in such counties as may be designated by 
the state superintendent, with the advice and concurrence of said 
board, preference being given to such counties as receive the least 



149 



direct benefits from the normal schools. The state superintend- 
ent, by and with the advice and consent of said board, may make 
such rules and regulations as they shall deem proper for organiz- 
ing and conducting such institutes, and may, by and with the like 
advice and consent, employ an agent or agents to perform such 
work in connection therewith, as by such rules and regulatiofts 
may be prescribed. Each of said institutes shall be held under 
thedirection of such agent or agents, assisted by the county su- 
perintendent. The course of study pursued in such institutes 
shall, as far as practicable, be uniform, and be prescribed by the 
state superintendent, with the assistance of such agents, but sub- 
ject to revision by said board. 

Section 408. For the purposes mentioned in the preceding 
section, the said board may use such sum, not exceeding seven 
thousand dollars in any one year, as they may deem necessary, 
of which not exceeding five thousand dollars shall be paid from 
the normal school fund income, and not exceeding two thousand 
dollars from the general fund,. and such amounts as shall be so 
expended are hereby annually appropriated from the said funds 
respectively. 

Section" 409. The normal school fund income shall, under 
the direction and management of the said board, be applied, and 
is hereby appropriated, to the establishment and support of the 
state normal schools, and the purposes directed in this chapter. 
The salaries of all officers, teachers, and employes, and all expendi- 
tures authorized to be made by the board, including those men- 
tioned in the next preceding section, shall be first audited by the 
said board, and certified by the president and secretary thereof, to 
the secretary of state, to be audited by him, and paid from the 
treasury on his warrant therefor. 

See section 401, and the comment on the same. 

[Section 410. The president of said board shall make to the 
state superintendent an annual report, bearing date the thirty-first 
day of August, which shall contain a full and detailed account 
of the doings of the said board, and of all their expenditures, and 
of all moneys received, and the prospect, progress, and condition of 
said state normal schools ; and such report, together with the reports 
of the different boards of visitors, shall be transmitted to the legis- 
lature by the state superintendent as a part of his annual report.] 

Repealed by chapter 169, laws of 1879, which requires the pres- 
ident to report to the governor. 

OF ACADEMIES. 

Section 411. It shall be the duty of the president of the 
board of trustees of every organized academy, seminary, and lit- 
erary or collegiate institution, heretofore incorporated, or that 
shall he hereafter incorporated, to cause t.) be made out by 
the principal instructor or other proper officer, and forwarded to 



150 

the state superintendent, on or before the tenth day of October, 
in each year, a report for the year, terminating with the next pre- 
ceding thirty-first day of August, setting forth the amount and 
estimated value of real estate owned by the corporation, the 
amount of other funds and endowments, and the yearly income 
from all sources ; the number of instructors and their respective 
salaries ; the number of students in the different classes, and the 
yearly rates of tuition ; the studies pursued and the books used ; 
the course of instruction and such matters as shall be specially re- 
quested by said superintendent, or as shall be deemed proper by 
the president or prmcipal of such academies or institutions to en- 
able the state superintendent to lay before the legislature, in his 
annual report, a fair and full stitement of the affairs and condi- 
tion of such institutions. 

XIX. THE STATE SUPERINTENDENT. 

[Chapter 11, Revised Statutes.] 

Section 164. The term of office of the state superintendent 
shall be two years. He shall, within twenty days after he re- 
ceives notice of his election, and bef'jre entering upon the duties of 
his ofhce, take and subscribe the constitutional oath of office, 
which oath shall be filed in the office of the secretary of state. 

Section 165. The state superintendent may appoint under 
his hand an assistant, who shall take the constitutional oath of 
office, which, with his appointment, shall be filed in the office of 
the secretary of state. Such assistant shall perform such duties 
as the superintendent shall prescribe, not inconsistent with law, 
and the superintendent shall be responsible for all acts of such 
assistant. 

Section 166, The state superintendent shall have a general 
supervision over the common schools in this state, and it shall be 
his duty : 

1. To visit, so far as practicable, every county in the state, for 
the purpose of inspecting the schools, awakening an interest 
favorable to the cause of education, and diffusing as widely as 
possible, by public addresses and personal communication with 
school officers, teachers, and parents, a knowledge of existing de- 
fects, and of desirable improvements in the government and the 
instruction of the schools. 

2. To recommend the introduction of the most approved text- 
books, and as far as practicable to secure a uniformity in the use 
of text-books, discourage the use of sectarian books and sectarian 
instruction in the schools; to advise in the selection of books for 
school-district libraries, and to open such correspondence abroad 
as may enable him to obtain, so far as practicable, information 
relative to the system of common schools and its improvements 
in other states and countries, which he shall embody in his annual 
report to the legislature. 



151 

3. To prescribe rules and regalatioos for the management of 
school-district libraries, and the penalties which shall be imposed 
by the district boards for any violation of such rules and regula- 
tions ; he shall prepare for the use of common school officers suit- 
able forms for making reports and conducting all necessary pro- 
ceedings, and he shall cause the laws relating to common schools, 
with the rules and regulations, and forms aforesaid, and such in- 
structions as he shall deem necessary, to be printed in pamphlet 
form by the person authorized to do the state printing, together 
with a suitable index, which printing shall be done at the ex- 
pense of the state ; and he shall cause such pamphlets to be dis- 
tributed among the several district and other officers, having the 
care of common schools throughout the state. 

4. To examine and determine all appeals, which by law may 
be made to him, according to the laws regulating the same, and 
his decisions thereon shall be final; and to prescribe rules of 
practice in respect thereto, not inconsistent with law. 

5. To collect in his office such school books, apparatus, maps, 
and charts as can be obtained without expense to the state ; and 
also to purchase at an expense not exceeding one hundred and 
fifty dollars a year, to be paid out of the state treasury, rare and 
valuable works on education, for the benefit of teachers, authors, 
and others who may wish to consult them. 

_ 6. To apportion and distribute the school fund income as pro- 
vided by law. 

7. To make copies when required by any person so to do, of 
any paper deposited or filed in his office, and of any act or decis- 
ion made by him, and certify the same ; and he may demand 
therefor twelve cents per folio, 

8. To prepare in each year a report to be delivered by him to 
the governor, on or before the tenth day of December, containing : 

irst. An abstract of all the common school reports received 
by him from the several clerks of the county boards of super- 
visors. 

Second. A state.-nent of the common schools in this state. 

Third. Estimates and accounts of expenditures of the sshool 
money. 

Fourth. Plans for the improvement and management of the 
common school fund, and for the better organization of common 
schools. 

Fifth. A statement of his official visits, and of his travels in 
making the same during the past year. 

Sixth. All such matters relating to his office, and the common 
schools of the state, as he may deem expedient to communicate. 

9. To perform all other duties imposed upon him by law. 
Section 167. The state superintendent shall have' an office in 

the capitol, where shall be deposited all papers and documents 
appertaining to the business of his office; and to which place com- 



152 



munications on the subject of common schools may be addressed 
to him. 



XX. CONSTITUTIONAL PEOVISIONS. 
[Article 10.] 

EDUCATION. 

Section 1. The supervision of public instruction shall be 
vested in a state superintendent, and such other officers as the 
legislature shall direct. The state superintendent shall be chosen 
by the qualified electors of the state, in such manner as the legis- 
lature shall provide ; his powers, duties, and compensation shall 
be prescribed by law ; provided^ that his compensation shall not 
exceed the sum of twelve hundred dollars annually. 

Section 2. The proceeds of all lands that have been or here- 
after may be granted hj the United States to this state for educa- 
tional purposes (except the lands heretofore granted for the pur- 
poses of a university), and all moneys, and the clear proceeds of 
all property that may accrue to the state by forfeiture or escheat, 
and all moneys which may be paid as an equivalent for exemp- 
tion from military duty, and the clear proceeds of all fines col- 
lected in the several counties for any breach of the penal laws, 
and all moneys arising from any grant to the state where the pur- 
poses of such grant are not specified, and the five hundred thou- 
sand acres of land to which the state is entitled by the provisions 
of an act of congress, entitled " An act to appropriate the proceeds 
of the sales of the public lands, and to grant preemption rights," 
approved the fourth day of September, one thousand eight hun- 
dred and forty-one, and also the five ^^er centum of the net pro- 
ceeds of the public lands to which the state shall become entitled 
on her admission into the Union (if congress shall consent to such 
appropriation of the two grants last mentioned) shall be set apart 
as a separate fund, to be called the school fund, the interest of 
which, and all other revenues derived from the school lands, shall 
be exclusively applied to the following objects, to wit : 

1. To the support and maintenance of common schools, in each 
school-district, and the purchase of suitable libraries and appara- 
tus therefor. 

2. The residue shall be appropriated to the support and main- 
tenance of academies and normal schools, and suitable libraries- 
and apparatus therefor. 

Section 3. The legislature shall provide by law for the estab- 
lishment of district schools which shall be as nearly uniform as 
practicable, and such schools shall be free and without charge for 
tuition to all children between the ages of four and twenty years ; 
and no sectarian instruction shall be allowed therein. 



153 



Section 4. Each town and city shall be required to raise by 
tax, annually, for the support of common schools therein, a sum 
not less than one-half the amount received by such town or city 
respectively for school purposes, from the income of the school 
fund. 

Section 5. Provision shall be made by law for the distribu- 
tion of the income of the school fund among the several towns 
and cities of the state, for the support of common schools therein, 
in some just proportion to the number of children and youth resi- 
dent therein, between the ages of four and twenty years, and no 
appropriation shall be made from the school fund to any city or 
town, for the year in which said city or town shall fail to raise 
such tax, nor to any school-district for the year in which a school 
shall not be maintained at least three months. 



FORMS 

FOR THE USE OF SCHOOL OFFICERS. 



No. i. 



Form of order organizing a new school-district, to te filed with the town 

clerk. 

It is hereby ordered and determined that [here describe the terri- 
tory to he comprised in the district, hy sections and ^;arfe of sections'] 
shall hereafter constitute a school-district, to be known as school- 
district No. — , of the town of . 

Given under our hands, this day of , 18 — . 

(Signed.) A. B. | Supervisors 

C. D.y of the town 
E. F.J of . 

Note. — For form of order organizing joint district, see No. 6. 



No. 2. 



Form of notice for the first meeting of a school-district, to be delivered by 
the town supervisors of a taxable inhabitant of the district. 

Having, on the day of , 18 — , formed a new school- 
district, to be known as school-district No. — , of the town of , 

[or joint school- district No. — , of towns of and , in case 

it be a joint district] comprising the following territory : [Here 
insert the description of the district, as in form No. 1], you are 
hereby directed to notify every qualified voter of said district to 
attend the first meeting thereof, which is hereby appointed to be 

held at the house of , in said district, on the day of , 

18 — , at — o'clock in the noon, by reading this notice in the 

hearing of each such voter, or in case of absence from his place 
of residence, by leaving thereat a written notice of the time and 
place of such meeting, at least five days before the time appointed 
for such meeting, and thereof to make due return. 

Dated at , this day of , 18 — . 

(Signed.) A. B. ] Supervisors 

C. D. y of the toiun 
E. F.) of . 

Note. — If it is a joint district, the notice must be signed by the supervis- 
ors of each town in which any part of the district lies. 



155 



No. 3. 

Form, of notice for first meeting, to be left at tlie residence of a voter when 

absent. 
To A. A. : 

By direction of the supervisors of the town of ■, yoa are 

hereby notified that the first meeting of school-district No. — , of 

, recently formed, will be held at the house of • , in 

said district, on the day of , 18 — , at — o'clock in the 

noon. Your attendance is requested. 

(Signed.) .G^- S- . 

Person appointed to give notice. 



No. 4. 



Form of return to be endorsed upon notice received from tiwn supervisors, 
on the formation of a school-district. 

I hereby certify that I have notified the following named per- 
sons l^Here give the names in fall], personally, and the following 
named persons [Here insert iiamesl, by copy, according to the 
direction of the within notice. 

Dated this day of , 18—. 

(Signed.) G. H. 

Person appointed to give notice. 



No. 5. 

Form of notice for a meeting of a school-district, to be delivered by the 
town supervisors, to a taxable inhabitant, in case there is no officer to call a 
meeting. 

To A. B., a taxable inhahitani of school- district iSfo. of .• 

You are hereby directed to notify every qualified voter of 

school-district No. — , of . to attend a meeting thereof, 

which is hereby appointed to he held at the house of , 

in said district, on the day of , 18 — , at — o'clock in 

the noon, by reading this notice in the hearing of such voter, 

or in case of absence from his place of residence, by leaving 
thereat a written notice of the time and place of such meeting, at 
least five days before the time appointed for such meeting. The 
following is a description of said district : \_Here describe the dis- 
trict as in form No. 1.] 

(Signed.) A. B. ) Supervisors 

C. D.]- of the town 
E. F. ) of . 

Note. — If it is a joint district, the notice must be signed by the super- 
visors of each town in which any part of the district lies. 



156 



No. 6. 

Form of order organizing a joint school-district. 

It is hereby ordered and determined that \liere describe the ter- 
ritory hy sections and 2)a'rts of sections] shall hereafter constitute a 
school-district, to be known as joint school-district No. — , of the 
towns of [Jiere insert the names of all the toiuns inichich any 'portion 
of the district is situated}. 

Given under our hands, this day of , 18 — . 

(Signed.) " A. B. ) Siqoervisors 

C D. >• of the town 

E. F. ) of . 

Gr. H. \ Supervisors 

I. J. )- of the town 

K. L. ) of . 

Note. — Tiie above order must be signed by at least two supervisors from 
each town affected by It, and a copy must be filed with the town clerk of 
each town. 



No. 7. 



Form of acceptance of office by district officers elected at the first meeting, 
after the formation of a district, to be filed with the clerk of the meeting. 

I hereby signify ray acceptance of the office of , of school- 
district No. — , in the town of , to which I have been elected. 

Dated this day of , 18 — . 

(Signed.) G. H. 



No. 8. 



Form of notice to be given to the district clerk when alteration of the boun- 
daries of a district is contemplated. 

To C. D., Cleric of school- district No. — , of town of .• 

You will take notice that we shall be present at \Jiere mention 

the p)lace\ on the day of , 18 — , at — o'clock in the 

noon, to hear and decide upon certain proposed alterations of the 
boundaries of said school-district. 

Dated this — day of , 18 — . 

(Signed.) A. B, ) Sup)ervisors 

C. D. >- of the town 
E. F.jo/ 

Note. — In case of a joint district, the above notice must be signed by a 
majority of the'supervisors of each town, a part of which is embraced in the 
district or districts to be aflected by the proposed alteration. 



157 



No. D. 

Form of order altering the boundaries of a school-district. 

It is hereby ordered and determined that the \1ieye describe the 
ierriiory hij sections and parts of sections'], now part of school-dis- 
trict No. — , of the town of , be and hereby is taken from said 

school- district, and attached to and made a part of school-district 
No. — , of said town, for all purposes whatsoever. 

This order will take effect on the day of , 18 — . 

Given under our hands this day of , 18 — . 

(Signed.) A, B. ) Supervisors 

C. ~D.\ of the town 
E. F.jo/ . 

Note ]. — The above order must be filed with the town clerk and the dis- 
trict clerk; and in case of a joint district, the order must be signed by a 
majority of the supervisors of each town, a part of which is embraced in the 
district, and filed with the town clerk of each town, and the district clerk of 
each district aflected by the alteration. 

Note 2. — The board of each district affected by the alteration may indorse 
their consent on the order as follows: 

We hereby consent to the alteration made in school-district 

No. — , of the town of ■, agreeably to the within order of the 

town supervisors of said town. 

(Signed.) G. H., Director, ) Of said school-district 

E. R, Treasurer, V No. — , of the town 

C. D., Clerk, ) of . 

Note. — When such consent is not indorsed upon the order, it will not 
take eflect until three months after its date. 



No. 10. 



Form of order of town supervisors awarding proportion of value of property 

to new district. 

To the district clerk of school- district No. — , of the town of 



Having formed a new school-district. No. — , of the town of 

in part [or loholly] from the territory of your district, we have 
ascertained and determined the proportion of value of the school- 
house and other property justly due to such new district from 
your district, retaining such school-house and other property, to 

be dollars. You are, therefore, to raise and collect by tax, 

upon the taxable property of your district, the said sum of • 

dollars, and when collected, pay the same to the treasurer of said 
new district. 

Given under our hands, this ■ ■ day of , 18 — . 

(Signed.) E. F. | Supervisors 

C. D. >• of the toiun 

A.B.JO/ . 

Note. — In case of a joint district, the above notice must be signed by a 
majority of the supervisors of each town embraced, in part, in the district. 



158 
No. 11. 

Form of notice for annual district meeting. 

Notice is hereby given to the qualified electors of school-dis- 
trict No. — , of the town of , that the annual meeting of 

said district for the election of officers and the transaction of other 

business, will be held at . on the last Monday, being the — 

day of September, [or August] at 7 o'clock in the afternoon, [un- 
less some other hour luas determiped upon hy the district at the previ- 
ous annual meetin(j]. 

Dated this — day of , 18 — . CD., 

(Signed.) District Clerk. 

Note. — The above notice must be affixed to tlie outer door of the school- 
house, if there be one in the district, and must be posted up in at least three 
other public places, at least six days before the time appointed for the 
meeting. 



No. 12. 



Form of notice for an adjourned district meetino;, when such meeting lias 
been adjourned for a longer period than one month. 

Notice is hereby given, that a meeting of the qualified electors 

of school-district No. — , in the town of , will be held at 

, in said district, on the — day of , 18 — , at — o'clock 

in noon, pursuant to adjournment. 

Dated this — day of , 18 — . C. D., 

(Signed.) District Cleric. 

Note. — The foregoing must be posted the same as for the annual meeting. 



No. 13. 

Form of request for clerk to call a special district meeting. 

To A. B., cleric of school- district No. — , of the town of .* 

Sir — You are hereby requested to call a special meeting of 

the above district on the day of , 18 — , at — o'clock 

in the noon, for the purpose of [here state the business to be 

transacted]. 

(Signed.) A. B. 

C. D. 
E. F. 
G.H. 
I. J. 

Note. — The above notice must be signed by at least five legal voters. 



159 
No. 14. 

Form of notice for special district meeting. 

Notice is hereby given to the qualified electors of school-district 

No. — , in the town of , that a special meeting of said district 

will be held at , on the • day of , 18 — , at o'clock 

in the noon, for the follovAnng objects : \_HeTe particularly 

specify each item of business to he acted upon,'] 

(Signed.) _ G. D., 

District Clerh. 

Note. — The above must be posted as for an annual meeting, and in case 
it is intended to raise a tax, or vote a loan, three-fourths of the legal voters 
must be personally notified of the meeting, or a copy of the above notice must 
be left at their places of residence, at least six days before the time appointed 
for the meeting. 



No. 15. 



Form of notice to be given by the clerk of a school-district meeting to the 
officers elect who were not present at the meeting. 

To 



You are hereby notified that at a meeting of school-district No. 

— , in the town of , held on the day of- ■, 18 — , you 

were duly elected of said district. 

Dated this day of , 18 — . 

(Signed.) ' C. D., 

Clerk of said meeting. 

Note. — This notice is required to be given withio five days after the meet- 
ing, and only to those persons elected to office who were not present at the 
time. 



No. 16. 



Form of refusal to accept district office, to be filed with the clerk of the 

district. 

To the clerh of school- district No. , in the town of .• 



You are hereby notified of my refusal to accept the office of 
, to which I was elected at the meeting of said district, held 



on the day of , 18 

(Signed.) Q. H. 

Note.— This notice of refusal must be filed within ten days afterlthe elec- 
tion, or the person will be deemed to have accepted the office, and be liable 
for non-performance of duty. 



160 
No. 17. 

Form of an appointment to fill a vacancy in the district board. 

To A. B.: 

The office of [clerk^ director, or treasurer^ of school- district No. 

■ , of the town of , having become vacant, you are hereby 

appointed to fill such vacancy until the next annual meeting in, 
said district. 

Dated this • day of , 18 — . 

(Signed.) G. H., Director. 

E. F., Treasurer. 
[Or other members of the board, as the case may be.] 

Note. — It requires two members of the board to make an appointment. 
If they neglect for ten days to fill the vacancj\ it must be done by the town 
clerk, after the following form ; in either case the appointment must be filed 
with the district clerk : 



No. 18. 

Form, when the town clerk appoints. 

To A. B.: 

The office of [clerh^ director, or treasurer'] of school-district No. 

, of the town of , having become vacant, and the district 

board of said district having failed to fill the same within ten 
days, you are hereby appointed to fill such vacancy until the next 
annual meeting of said district. 

(Signed.) C. D., Town Cleric. 

Note. — In case a vacancy in a joint district is to be filled by the town 
clerk, the appointment is to be made by the clerk of the town containing 
the school-bouse. (See sec. 433.) 



No. 19. 

Form of refusal to accept a district office by appointment. 

To the district hoard of school-district No. [or the town cleric as 

the case may ie], o/" the toivn of .* 

You are hereby notified of my refusal to accept the office of 
of school-district No. , of said town, to which I was ap- 



pointed by you on the day of , 18 

Dated this day of , 18 — . 

(Signed.) G. H. 

Note. — The notice of refusal must be filed with the clerk or director 
within five days after the appointment, or the person shall be deemed to have 
accepted the olfice, and be liable to a fine for non-performance of duty. 



161 
No. 20 (Deed or Lease). 

Form of a deed of a school-lioxise site. 

Know all men by these presents, that I, A. B. {and G. B., his 

wife, if married], of the town of , in the county of , in 

state of Wisconsin, party of the first part, for and in considera- 
tion of the sum of dollars to them in hand paid by the dis- 
trict board of "school-district No. , of the town of ," 

county of -, and state aforesaid, the receipt whereof is hereby 

acknowledged, do hereby grant, bargain, sell, and convey to the 
said school-district, party of the second part and their assigns, 
the following described piece of land, namely : [Here insert de- 
scription of land.'] Together with all the privileges and appur- 
tenances thereunto belonging. To have and to hold the same to 
the party of the second part and their assigns forever ; and the 
said party of the first part for themselves, their heirs, executors, 
and adminstrators, covenant, bargain, and agree, to and with the 
said party of the second part and their assigns, that at the time 
of the sealing and delivery of these presents, they are vv^ell seized 
of the premises above conveyed, as of good, sure, perfect, absolute, 
and indefeasible estate of inheritance in the law in fee simple, 
and that the said lands and premises are free from all incum- 
brances whatsoever, and that the above bargained premises in the 
quiet and peaceable possession of the said party of the second 
part and their assigns, against all and every person or persons 
lawfully claiming, or to claim, the whole or any part thereof, the 
said party of the first part will forever warrant and defend. 

In witness whereof, the said A. B, and C. B., his wife, party of 
first part, have hereunto set their hands and seals, this — — day 
of , A. D. 18—. 

Signed, sealed, and delivered 1 A. B. [seal.] 

in presence of E. F, >■ C. B. [seal.] 

G. H. ) 

Note. — Such deed should be duly acknowledged before a notary pub- 
lic, justice of the peace, or other officer authorized by law to take such ac- 
knowledgment, and recorded in the office of the register of deeds for the 
county. 

Form of lease. 

Know all men by these presents, that A. B., of the town of 

in the county of , in the state of Wisconsin, of the first 



part, for the consideration herein mentioned, does hereby lease 

unto "school-district No. — , of the town of ," county of 

, in the state aforesaid, party of the second part, and their 

assigns, the following described parcel of land : [^Here insert de- 
scription of land]. Together with all the privileges and appur- 
tenances thereunto belonging : To have and to hold the same 

for and during the term of years, from the day of 

of , A. D. 18 — ; and the said party of the second part for 

11 



162 

themselves and their assigns, do covenant and agree to pay tO' 

said party of the first part, for said premises, the annual rent 

of dollar?. 

In testimony whereof, the said parties have hereunto set their 

hands and seals, this day of , 18 — . 

A. R, Lessor^ [seal.] 

C. D., j District hoard of school- 

E. F., V district No. , of 

G. H., ) the town of . 



No. '^1. 

Form of contract between district and teacher. 

It is hereby agreed between school-district No. — , of the town 

of , and L. M., a qualified teacher of the county of , [or 

sujycrintendent district No. — , of the county of , as the case may 

/;e,] that the said L. M., is to teach the common school of said dis- 
trict for the term of [fiere insert the time'], for the sum of per 

month, commencing on the day of , 18 — , it being un- 
derstood and mutually agreed that days shall constitute a 

month ; and for such services properly rendered, the said district 
is to pay to the said L. M., the amount that may be due accord- 
ing to this contract, on or before the day of , 18 — . 

Dated this day of , 18 — . 

(Signed.) 



A. 


B.. 


, Director. 


C. 


D., 


Treasurer 


E. 


F., 


Chrh. 


L. 


M., 


, Teacher. 



If the teacher holds a limited certificate, for a single town or district, the 
contract may read : "a qualified teacher of said town," or "said district." 

In case the teacher is employed in a graded school, the particular depart- 
ment lor which he is engaged may be specified, and the contract may readr 
" dollars per week," it hired by the week. 

By section 459, printed on page 77 of this code, it will be seen that 20 days- 
constitute a teacher's month, unless otherwise specified in the contract. 
When the teacher is hired at so much a month, it is best always to specify 
in the contract how many days of teaclnug shall be considered a month. 

All legal holidays count as school days for both teacher aud district, if 
they come on a day when a school would otherwise be taught, but, as the law 
now provides, Saturdays are not to be counted. 

The contract must be signed by at least two members of the board, and 
cannot lawfully be made, until a meeting of the board has been held. See 
section 438, pages 53, 53, and 54. 



No, 22. 

Form of bond of district treasurer, to be filed with the district clerk. 
Know all men b}'' these presents, that we, E. F., treasurer of 

school-district No. — , of the town of , and L. M., his surety, 

are held and firmly bound unto said school- district in the sum of" 



163 

[here insert a sum of double the amount to come into the treasurer's 
hands, as near as can be ascertained'] to be paid to the said school- 
district, for the payment of which, well and truly to be made, we 
bind ourselves, our heirs, executors, and administrators, jointly 
and severally, firmly by these presents. Sealed with our hands 
and dated this day of , A. D. 18 — . 

The condition of the above obligation is such that if the said 
E. R, treasurer as aforesaid shall faithfully discharge the duties 
of his of&ee as treasurer of said school-district, and shall well and 
truly pay over to the person or persons entitled tberein, upon the 
proper order therefor, all sums of money which shall come into- 
liis hands as treasurer of said district, and shall, at the expiration\ 
of his term of office, pay over to his successor in office all moneys 
remaining in his hands as treasurer aforesaid, and shall deliver to 
his successor all books and papers appertaining to his said office, . 
then this obligation shall be void, otherwise of full force and 
virtue. 

Signed, sealed, and delivered in \ 

presence of R. S. \ E. R [seal.] 

G. H. ) L. M. [SEAL.] ; 

Form of aoproval to be indorsed on the bond of treasurer. 
We approve of the within bond and surety, 

(Signed.) " Gr. H., Director. 

C. D., Clerk 



No. 23. 

Form of notice to treasurer to furnish additional security. 

To A. B., treasurer of school-district No. .• 

Sir: — Deeming the security upon your bond insufficient to 
protect the district against loss, we hereby require you to furnish 

a new bond in tbe sum of $ , with sureties to be approved by 

us, within ten days of the date hereof. 

Dated this — day of , 18 — . 

(Signed.) C. D., Director. 

E. R, Clerk. 

No. 24. 

Form of order on treasurer for moneys to be disbursed by school-district. 

To A. B., treasurer of school-district JVo. — , in the town of : ^ 

Please pay to the sum of dollars for [here specify 

the object for tohich the money is to be paid], out of any money in 
your hands, not appropriated, belonging to the {here name the 
fund on which the order is drawn], of said district. 

Dated this — day of , 18 — . 

(Signed.) C. D., District Clerk 

Gr. H., Director. 



164 



No. 25. 

Form of school register to be kept by the teacher of each school. 
Upon the first page or pages of the register should appear the 
names, ages, and studies of the several pupils, as follows : 





Studies. 


Names. 


05 

bO 

<i 

13 

12 

9 

7 

19 

18 

16 

15 

10 

11 

9 

17 


a 

"a 

A 
CO 


a 

03 
0) 


1 

1 


u 

c8 

a 
a 

Oj 

u 

o 
1 


6 

a 

< 

1 
1 
1 


>> 

O, 
03 
ki 
bC 
C 
« 


3 


>> 

C 

[c 

1 


c3 
bO 












S Smith 










W Stone 














T Talbot 
















J Jones ... 


1 
1 

1 
1 


1 
1 

1 
1 


1 
1 


1 
1 

1 


1 




















S White 












R Mace . . . 








,J Tall man . . . . 
















W. Bright 

E Thorn . . 


.... 


1 


1 


























W Jack 


1 


1 


1 


1 

























Other studies than those noted may be inserted in the blank 
columns. 

Following this will be found the daily register of attendance, in 
form as follows : 

Daily register of school taught in district No. — , of ,for the term 

of months., commencing , 18 — . 

This mark (/) indicates present in the forenoon ; this (\) present 
in the afternoon ; this (X) present all day. 



Names. 


M. 


T. 


w. 


Th. 


F. 


J Brown 


X 
X 
\ 
/ 
X 
X 
X 

\ 

X 

/ 

X 
X 


X 
X 

X 

/ 

"x" 
"x" 

X 
X 


\ 

X 
X 

"x" 

X 
X 

i 

X 
X 


X 
X 
X 
\ 
X 
X 

\ 
\ 



"x* 


\ 


S Smith 


X 


W. Stone 


\ 


T. Talbot 

J Jones 


\ 
\ 


W. Jones 


X 


S. White 


X 


R. M ace 




J. Tallman 


*x 


W. Bright 

E. Thorn 


x 

X 


W. Jack 


X 






Attendance 


10 


83^ 


9K 


8 


9 







165 



Note. —The age of the pupil should be taken when the name is rei^istered 
Ihe ftgures at the bottom of the column show the actual number of days' at- 
tendance for that particular day. Each night the teacher should foot the 
column for the day, placing the number of days' attendance in figures at the 
bottom. 1 he sum of these numbers for the several days of the term will give 
the days attendance foj, the term, and the average attendance is found by di- 
vidingthissumby the whole number of days the school has been taught 
Ihe average attendance lor a week or a month is found in the same manner. 

If, on the other hand, the teacher prefers to mark absences, it 
may appear thus : (/) indicates absence in the forenoon ; (\) ab- 
sence in the afternoon ; (X) indicates absence all day. The rec- 
ord will then appear in the form presented below, and the blanks 
will be counted instead of marks : 





M. 


T. 


W. 


Th. 


F. 


J. Brown , 






\ 




\ 


S.Smith..... ............... 

W. Stone 


\ 
"\" 




'" \" 
X 

"x"' 


J. Talbot .......... . . . , , , .......... 

J. Jones ......... ...........'...!..,",.]. 

W. Jones , °. !*.*. °. ! 


X 


\ 


' \** 


S. White. .... .... 

R. Mace ...','.['. 

J. Tallman, . 

W.Bright ...... " 


\ 


"x" 


"x* 


E. Thorn , 


/ 


...... 


X 

\ 




W. Jack '.'.I'//.'. 






Attendance 


10 


8^ 


9 


s'A 


9K 



Note. — It is very desirable that each district in the state be fully and ac- 
curately reported. If one district in a town fails to report this item, the 
whole town suffers from this failure, in comparison with other towns that 
may be fully reported. 

That the register be neatly kept, it will be best for the teacher to use a 
small blank book, in which may be registered the absences for the day, and 
then at night the register may be properly filled and footed 



No. 26, 

Form of notice to town treasurer of apportionment of school moneys by the 

town clerk. 

Ireasurer of the town of .• 

You are hereby notified that I have apportioned the school 
moneys now in your hands, to the different districts of the town, 
as follows : 

To district No. 1 $ To district No. 6 $ 

^o 3 do 7 ; :." 

^o- 3 To joint dist...l 

^o 4 do 2 , 

-do 5 do 3 



Dated this - 
(Signed.) 



day of 



,18- 



Town Clerh. 



106 



NoTB. — Immediately upon the receipt of the certificate of the town treas- 
urer, of the amount in his hands (See Form No. 27), tlie clerk shall proceed 
to apportion it among the several districts of the town from which reports 
have been received according to law, and thereupon he will noiify the treas- 
urer as above, that he may pay the moneys to the treasurers of the districts 
entitled to the same. 



No. 27. 



Form of certificate of town treasurer of moneys in his hands subject to 

apportionment. 

To the toivn cleric of the town of .• 



I hereby certify that there is now in my hands the sura of 
school moneys, subject to apportionment to the school- 



districts entitled thereto. 

Dated this day of 

(Signed.) 



18—. 



A. B., 

Toiun Treasurer. 



No. 28. 



Form of report of town clerk to the county superintendent, of the names and 
post-oflice addresses of the district clerks in his town. 

To the county superintendent cf schools of the county of : 

Sir : — I hereby report to you the names of the school -district 
clerks in the town of , and their addresses, as follows: 



District. 


Name of Clerk. 


Post-office. 


No.l 


A. B.... ... 

C. D 




No. 2 




No.3 


E. F 




No. 4 


G. H 




No. 5 


I. K 


No. 6 


L. M 




Joint No. 1 


N. 




2 


P. R 




3 


S T 











(Signed.) 



A. W., Town Clerk. 



Note. — The town clerk must report his own name and post-office to the 
county superintendent within ten days afi^r his, the said clerk's, election or 
appointment, and the name and office of each district clerk in his town, 
within ten days after the filing of the same in his office. 



167 



No. 29. 

Form of determinatioa of relative proportion of taxes to be assessed upon 
the different parts of a joint district, situated in two or more towns. 

Upon the application of A. B., C. D., and E. F., tax-payers in 

joint school-district No. — , of the towns of and , we have 

made the necessary inquiry and examination, and do hereby de- 
termine that for every dollar of district tax to be hereafter levied 

upon that portion of the district, the sum of cents shall be 

assessed upon that portion of the district lying in the town of , 

and cents upon that part lying in the town of . 

Dated this . 18—. 

(Signed.) G. H., ) Assessors 

J. K., of 
L. M.,i . 

N. O., ) ASS€SS07-S 

p. R, [ of 

Note. — If the assessors cannot agree, and the supervisors or supervisors 
and a chairman of an adjoining town are called to act, they will also sign 
the above. See section 471. 



No. 30. 



Form of statement of the amount of taxes voted to be raised in a school-dis- 
trict, to be delivered by the district clerk to the town clerk. 

To R. /S, town clerk of the toion of- 



The amount of taxes voted to be raised in school-district No. — , 

of the town of , at the last annual meeting of said district 

held on the -day of September, 18 — , is [lurite the amount in 

words'] dollars; which amount you are requested to assess upon 
the taxable property therein. 

The following is a list of the names of the persons and corpora- 
tions liable to a school-district tax in said district : [_Here insert 
the names of the persons and corporations.] 

Dated this day of , 18 — . 

(Signed.) ^ CD., 

Clerk of the School-district No. — , of the town of . 

State of Wisconsin, County of , ss. 

C. D, being duly sworn, on oath says that he is clerk of 
school-district No. — , of the town of , and the above state- 
ment by him made of the amount of taxes voted to be raised in 
said school-district, and the lists of persons and corporations liable 
to a school- district tax therein are true. 

(Signed.) C. D. 

Subscribed and sworn to before me this day of -, 18 — . 

(Signed.) J. P., 

Justice of the Peace. 



168 



Note. — If a district has been lately organized and a tax was voted at the- 
first meeting, as well as at the annual meeting, that should be stated ; also 
any tax voted at a special meeting, held between the time of the annual 
meeting and the third Monday of November following. 



No. 31. 



Form of statement of the amount of taxes voted to be raised in a joint dis- 
trict, to be delivered to the clerk of each town in which any part of the 
district is situated. 

To R. S., town cleric of the town of .• 



The amount of taxes voted to be raised in joint school-district 
No. — , of the towns of and , at the last annual meet- 
ing of said district, held on the day of September, 18 — , is 

[lorite the amount in icords] dollars ; and the proportion of that 
amount to be raised in that part of said district which lies in the 

town of , is [write the amount in luord-s] dollars, which you are 

requested to assess upon the taxable property therein. 

The following is a list of the names of the persons and corpo- 
rations liable to a school-district tax in that part of the district 

lying within the town of [here insert the names of the persons 

and corporations^ 

(Signed.) _ C. D., 

Clerk of Joint School district No. — , 

Of the towns of and . 

Note. — Attach affidavit of the district clerk similar to the one given in 
form No. 30. 



No. 32. 

Form of application to board of supervisors to establish a school-house site. 

To the hoard of supervisors of the town of .• 



At a regular meeting of school-district No. — , it was decided, 
by a vote of a majority of the electors present, to apply to your 
honorable board to establish a school-house site for said district. 
The district has selected [here describe the location of the site selected']^ 
but is unable to obtain the same, for the reason that the owner of 
the land selected will neither lease nor sell the same to the said 
district [or that the owner is a non-remlent]. 

(Signed.) A. B.. 

District Clerk. 



169 



No. 33. 



Form of certificate of district clerk that the notice for the meeting of the 
supervisors to establish a school-house site has been given. 

To the hoard of supervisors of the toivn of- 



1 hereby certify that on the day of ■ , I served the fol- 
lowing notice upon the owner and occupant of the land therein 
described : [Here insert the notice in form 34,] 

Dated this = day of , 18 — . 

(Signed.) _ A. B., 

District Cleric. 

Note. — In case there is no account of the lands selected for a site, and 
the owner is unknown or resides out of the state, the notice must be published 
in the nearest newspaper, for six weeks previous to the meeting of the board 
of supervisors, and the above certificate must state the facts of such publica- 
tion, instead of personal service. 



No. 34. 

Form of notice for meeting of supervisors to decide upon an application to 
locate and establish a school-house site. 

The undersigned will be present at — --, on the day of ■ 



at ■ o'clock in the noon, to decide upon the application of 

school-district No. — , for the location and establishment of a 
school-house site for said district upon \here describe the lands upon 
which it is proposed to establish the site]. 

Given under our hands, this day of ■ , 18 — . 

(Signed.) A. B., | Supervisors 

C. B., >■ of the town 
E. F.,) of . 

Note. — In case the application is made by a joint district, the supervisors 
of all the towns in which any part of the district is situated, must sign the 
above notice and be present at the meeting to establish the site. 



No. 35. 

Form of certificate of action of town board of supervisors in locating and 
establishing a school-house site. 

We hereby certify that on the ■ day of , A. B. 18 — , 

we located and established a school-house site for school-district 
No. , comprising the following described territory [liere de- 
scribe the lands taken for a site according to the survey of the same], and 

award the sum of dollars in full as compensation to the owner 

\if there are two or more owners of the lands taken, specify the 
amount aivarded (o each], of the lands thus taken for said school- 
house site. 

Bated this ■ day of , 18 — . 

(Signed.) A. B., | Supervisors 

0. B., }■ of the town 
E. E.,jo/ . 



170 



Note. — The certificate of the action of town boards of supervisors in 
locating and establishing an addition to a school-house site, will be the same 
as above, except that in the second line, after the word " established," the 
word " a" will be omitted, and the words, " an addition to the " will be in- 
serted ; and the last two lines will be made to read, " taken for said addition 
to said school-house site." 

IH^" Duplicates of the above certificates must be made out, and one of 
them must be delivered to the owner or occupant of the land taken, and the 
other to the district clerk of the district, who must have the same recorded in 
the office of the register of deeds of the county in which the site is situated. 



No. 36. 



Form of certificate of the county clerk, of a vacancy in the office of county 
superintendent of schools. 

2o , State Swperinlendent of Public Instruction : 

Sir : — I hereby certify that a vacancy in the office of county 
superintendent of schools occurred on the day of , 18 — , 

by \]iere state the cause of the xacancy, lohether hy death, resignation, 
removal from the county, or the removal from office of the i7icumhent\ 

Given under my hand and seal of office, this ■ day of 

18—. 

(Signed.) A. B., 

County Clerk of County. 



Xo. 37. 



Form of certificate of a county clerk, of the division of a county into two 
superintendent districts, and of a consequent vacancy in the office of county 
superintendent of schools. 

To , tState Superintendent of Public Instruction : 

Sir : — I hereby certify that on the day of , 18 — , the 

board of supervisors of the county of , divided said county 

into two superintendent districts; that they have determined that 
the present county superintendent shall have jurisdiction of dis- 
trict No. — , and that district No. — therefore remains vacant. 

Given under my hand and seal of office, this day of , 

18-. 

(Signed.) A. B., 

County Clerh of County. 



No. 38. 



Form of statement of number of children of school age iu a county, made 
by county superintendent for county treasurer. 

lo A. B., treasurer of the county of .• 

Sir: — The following is the number of children over the age of 
four and under the age of twenty years, in those districts of the 



171 



•several towns in this county [oi^ superintendent district^ as the case 
may he'] which have maintained school for five or more months 
the past school year, as returned to me by the town clerks : 



Town. 


Number of Children. 


Town. 


Number of Children. 


A 




u. 




B 




E 

F 




€ 




"'*'* •«•••.•.»..• 











Dated this 10th day of October, 18 — . 

(Signed.) _ G. 

County Superintendent of Schools for — 



H., 



County. 



. Note. — The above statement must be hied with the county treasurer on or 
before the tenth day of October in each year. 



No. 39. 

Form of notices to teacher and district clerk of the intention of the county 
superintendent to annul said teacher's certificate. 

To A. B.^ teacher in school- district iSfo, — , town of ■ 



Sir: — You are hereby notified that it is my intention to annul 
the certificate of qualifications now held by you as a teacher, 
(Signed.) B. B., 

County Superintendent of Schools for County. 

To E. F.^ clerk of school- district No. — of the town of ; 

Sir: — You are hereby notified that it is my intention to annul 

the certificate of qualification held by , now employed 

in teaching in your district. 

Dated this day of -, 18 — . 

(Signed.) _ B. B., 

County Superintendent of Schools for County. 

Note. — The above notices must be served upon the teacher and district 
clerk at least ten days before the certificate is annulled. 



No. 40. 

Form of annulment of teacher's certificate and notice to town clerk. 
To A. B.: 

Sir : — The certificate of qualification held by you as a common 
school-teacher in the county [or superintendent district, or town] 

- day of •, 18 — , is hereby 



of 



issued on or about the 
annulled. 
Dated this 



(Signed.) 



day of 



18—. 



County Su'perintendeiit of Schools for 



C. D., 

- County, 



172 

Note. — The above annulment will not take eftect until the following 
notice has been filed with the town clerk of the town in which the teacher 
whose certificate is annulled is engaged in teaching. 

To the town clerk of the toion of ; 

Sir: — You are hereby notified that on the day of , 

A. D. 18 — , I annulled the certificate of qualification held by A. 
B., a teacher of your town, for the reason that, in my opinion, the 
said A. B. does not possess the requisite qualifications as a teacher 
in respect to [moral character, learning^ or ahility to teach, us the 
case may he\. 

Dated this day of , 18 — . 

(Signed.) C. R, 
County Superintendent of Schools for the County of . 



APPLICATION FOR DICTIONARIES AND MAPS. 



No. 41. 

Form of application for first supply of a school-district. 

State of TVisconsin, county of , ss: 

. being duly sworn, deposes and says that district Na 

— , in the town of , county of , has never been supplied 

•with Webster's Unabridged Dictionary, by the state, as provided 
by law. 



Subscribed and sworn to before me, 
this day of , 18 — . , 

"^— -• J 
Send by express to , care of — 



District Clerk. 
Post office - 



No. 42. 

Form of application for supply of additional departments. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the follow- 
ing department — in district No. , in the of , in the 

county of , ha — never been furnished with Webster's Un- 
abridged Dictionary by the state, as provided for by law ; depart- 
ment — unsupplied, ; department — heretofore 

supplied, . , 

District Clerk. 

Post-office . 

Subscribed and sworn to before me, "] 

this day of , 18—. ! 

, \ 

■ J 

Send by express to , care of . 



173 , 
No. 43. 

Form of applicatioa for supply of additional departments in cities. 

State of Wisconsin, County^ ss. 

— , being duly sworn, deposes and says that the public 

schools in the city of , county of , embrace distinct 

departments, in as many different rooms (not including recitation 
rooms), under different teachers, and that the following depart- 
ments in said schools have never been supplied with Webster's 
Unabridged Dictionary, as provided by law : 



Departments unsupplied. 


Departments heretofore supplied. 























Subscribed and sworn to before me, this day of, 18 — . 

City Superintendent 
Send by express to , care of — — . 



No. 44. 

Form of application for dictionaries by the secretary of a town board. 

State of Wisconsin, County of , ss. 

, being duly sworn, deposes and says that the follow- 
ing subdistrict — , in the town of , county of , ha — never 

been supplied with Webster's Unabridged Dictionary, as provided 

by law : subdistricts unsupplied, ■ ; subdistricts heretofore 

supplied, . 



Secretary of Town Board of Directors. 
Post-office, — 
Subscribed and sworn to before 1 
me, this day of , 18 — . i 

• J 



Send by express to , care of -. 



174 



No. 45. 

Form for application for re-supply, whea dictionary previously furnished is 

lost. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that district No. 

— , in the town of , county of , has lost by , the 

copy of Webster's Unabridged Dictionary heretofore furnished to 
said district by the state. 



District Clerk. 
Post office, — 

Subscribed and sworn to before me, this day of - 

18—. 



Send by express to , care of . 

Note. — The price of the dictionary must accompany the application. 



No. 46. 

Form of Application for re-supply, when dictionary previously furnished i& 

worn out. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the diction- 
ary heretofore furnished to district No. — , in town of , county 

of , is so worn out as to be unfit for use. 



18- 



District Clerk. 
Subscribed and sworn to before me, this day of ^ 



Send by express to , care of . 

[^"The last two forms above can be altered to meet circumstances, in case 
the application for are-supply is for a graded school in a city or village. 

Ut^ Dictionaries are not furnished free for a re-supply, but at the cost to 
the state. Those now on hand (May, 1880) cost $7. The money, or a money 
order, or a draft must in all cases accompany the application. It is better 
to send a money order or draft, as the state is not responsible if the money is 
lost. 

([[^"Applications for dictionaries must be made by the district clerk, the 
secretary of the town board, or the superintendent of the schools in a city or 
incorporated village, and the post-office of the applicant should be given as 
well as the nearest express station. Dictionaries cannot be sent by mail. 



175 
No. 47. 

Form of application for map of Wisconsin. 
State Superintendent of Public Instruction : 
Sir : — I hereby make application for cop — of Nicodemus' 



& Conover's map of Wisconsin, for use in 

Name ■ 
Office ■ 
-, Wis,, , 188-. . Post-office 



Send by express to 



Care of • 



Note. — The money must be sent in advance ; the applicant must be a- 
public officer or teacher; the maps are furnished only for public use, or 
schools. If wanted for a school-district, the clerk may apply. The price of 

the map is $4. 



FREE HIGH SCHOOLS. 



No. 48. 



Form of resolution proposing establishment of a high school. 

In order that the question of establishing and maintaining a 
high school in the town of , may be submitted to the elect- 
ors thereof for determination, the following resolutioo is hereby 
proposed for adoption : 

Resolved, hy the town hoard of the ioivn of , That a high- 
school be established and maintained in said town. The town 
clerk is directed to give notice that said resolution will be sub- 
mitted to a vote at the annual town meeting (or, general election) 

to be held in said town on the day of — , 18 — , (or, at a 

special town meeting or election to be held on the day of 

■ , 18 — , which the town clerk is hereby required to call upon 

due notice). 

Dated this day of — , 18 — . 

{Signatures of Board.) 



No. 49. 

Form of notice that foregoing resolution will be submitted to vote. 

Notice is hereby given to the electors of the town of , in 

the county of , that at a special election which is hereby 

called [or at the annual town meeting, or general election'] to be held 
in said town on the day of , 18 — , the following resolu- 
tion will be submitted to the vote of said electors : 



176 



Resolved^ etc. \_as in the foregoing] ; and that at said election 
members of the high school board will be chosen, to take their 
offices if said resolution be adopted, the clerk for one year, the 
treasurer for two years, and the directors for three years; their 
respective terms of office beginning with the annual town meet- 
ing. 

Dated this — day of , 18 — . 

(Signed.) , Tovjn Clerk. 

Note. — The above forms may be used with the proper changes, in the 
case of incorporated villages, or graded school-districts, the call and notice 
to be signed b}' the village or district clerk. 

In case the call is for a special school-district meeting, it must be signed 
by at least live legal voters of the district, and the notice given at least six 
days before the time appointed. 



TOWNSHIP SYSTEM OF SCHOOLS. 



No. 50. 

Form of petition. 



To M. S., Town Clerk: 

The undersigned electors of the town of , hereby petition 

that the question of township school government in said town may 
be submitted to the electors thereof, at the ensuing annual town 
meeting {or, general election). 

Dated this day of ; 18 — . 

(Signed.) 



Note. — The petition is to be signed by at least ten electors of the town 

No. 51. 

Form of notice to be given by town clerk. 

Notice is hereby given that at the annual town meeting {or, 

general election), to be held in said town of ■, on the day 

of , 18 — , the question of township school government in 

said town will be submitted to the electors thereof, a petition 
therefor having been presented to me, signed by ten electors of 
said town. 

Dated this day of , 18 — . 

(Signed.) , Toion Clerk. 



INDEX. 



A. 

ACADEMIES — Page. 

incorporated, to report to state superintendent. 149 

ACCEPTANCE — 

of district office by two officers necessary to organization of dis- 
trict 5 

must be in writing, and filed with the district clerk, ........... 5 

ACCOUNT — 

of district board for expenses to be presented to district meeting 

for allowance. 49 

to be kept by the district treasurer ............................ 64 

ACTIONS — 

to be brought under the compulsory law .................. 60 

director to appear in, for district. 62 

director to commence, on treasurer's bond 63 

against town treasurer by district treasurer. . . 65 

against county treasurer by town treasurer 94 

against district treasurer by director. 63 

may be brought by any elector in certain cases 133 

ADJOURNMENT — 

of school-district meeting •.........,,,. 26 

notice for, when for a longer time than one month. 15 

ADMISSION — 

of pupils from other districts 37 

of persons over twenty into the public schools. 55,57 

AFFIDAVIT — 

of district clerk to be attached to his annual report. ... 88 

to statement of taxes voted 96 

must accompany appeals , „ 116, 117 

must be made to application for dictionaries. ' 133 

AGE OF CHILDREN — 

entitled to attend school free 153 

ALTERA.TION — 

of proceedings of district meetings 40 41 

ALTERATION OF SCHOOL-DISTRICTS — 

to be made by town bo^rd of supervisors 1^6 7 

notice of meeting of supervisors to consider ' '5 

notice of, to be filed with town clerk and district clerk 7 

13 



178 



ALTERA.TION OF SCHOOL-DISTRICTS — continued. Page. 

not to take effect within three months without consent of district 

board 8 

not to take effect between the first day of December and the first 

day of April following 8' 

of joint districts, how made 5 

of joint districts, embracing villages or cities. . 11 

of subdistricts, how made 125' 

ANNUAL DISTRICT MEETING — 

when to be held 14 

not to be deemed illegal for want of notice 15 

notice for, how given 1& 

powers of 22-41 

ANNUAL REPORT— 

of district clerk 88-91 

of town clerk 91-92 

of county superintendent 92 

of city superintendent or clerk 93 

of state superintendent , 93 

ANNULMENT — 

of teacher's c rtificate by county superintendent 73, 79, 83, 120 

notice thereof to be filed with town and district clerk i 72 

of teacheis' state certificate, by state superintendent 78,76 

APPARATUS — 

moneys to purchase may be raised by tax , 34 

may be purchased by district board 49 

APPEALS — 

from refusal of county superintendent to grant a certificate may 

be taken by applicant 72, 119 

may be taken by other persons in certain cases 114 

decisions of state superintendent final 151 

decision to be made within thirty days after the hearing thereof 

is closed 115' 

regulations concerning 115- 

APPENDAGES — 

board to provide for the school-house 48 

APPOINTMENT — 

to fill vacancy in district board 45 

APPORTIONMENT OF SCHOOL MONEYS — 

by town clerk 94,138 

by slate superintendent 136 

not to be made to districts failing to comply with the law 136 

bow affected by alteration of districts . . 138 



B. 
BLACKBOARDS — 

moneys may be voted for 34 

BOARD — 

(See county board of supervisors). 
(See town board of directors). 
(See town board of supervisors). 
(See district board). 



179 



BOOKS — Page. 

for records and other purposes, to be purchased by district board 49 

for register, to be furnisli^^d by district clerk 66 

to be furnished to indigent pupils. 49,60 

text books to be determined b v district board .................. 57, 58 

text books adopted city and village boards of education 124 

textbooks may he purchased by district 38 

text-books purchased by city and village boards of eduction. . 124 

BORROWING MONEY — 

by school-districts 97 ,99- . 

BRANCHES — 

to be taught in school 6T 

additional ones may be taught 67 

c. 

CERTIFICATE — 

of value of schoolhouses, etc 10 

of town treasurers of moneys to be apportioned 94 

of qualification gran*ed to teachers 69-77 

three grades established 69 

third grade, what studies applicants for, must be examined in. . 69 
second grade, what studies applicants for, mu9t be examined in, 69 
first grade, what studies applicants for, must be examined in. . . 69 

may be annulled 73, 73 76 

teachers' state, provided for . . 72-77 

teachers' state, conditions of 73-77 - 

diplomas of graduates of state normal schools, state university, 

and other colleges, coverted into teachers' state 75, 76 

of judgment against school-district 108 

CHALLENGE — 

of voters 19 

CHILDREN — 

of town or county poor, how educated , . 124 

CITIES - 

districts lying in, how altered 11 

no part of, to be embodied in new joint districts. 11 

to make report to county superintendeat in certain cases. ...... 93 

to be governed by the common school code in certain cases .... 125 

powers of boards of education in cities. . » 124 

CLERK — 

(See district clerk, town clerk.) 

COLLEGES— 

incorporated to report to state superintendent 149 

COMMON SCHOOLS — 

to be free to children of eertain ages 153 

no sectarian instruction to be allowed therein 152 

fund for support of 152 

to be maintained five months in each year, or not share in the 

fund 136 

fund, how distributed 136 

what shall be taught in 67 

government of 55 

exercises in, must be conducted in the English language 67, 68 



180 



COMPULSORY EDUCATION— Pane. 

law relating to .... 59 

CONSTITUTIONAL PROVISIONS — 

in regard to state super iatendent 152 

in regard to school fund 152 

in regard to common schools 153 

CONSTITUTIONS — 

to be taught in common schools 67 

CONTRACT — 

■with teacher to be made by district board 51, 52 

certificate to be attached thereto 52 

to be filed in clerk's office . , 52 

COUNTY BOARD OF SUPERVISORS — 

to levy school tax upon the towns 137 

COUNTY SUPERINTENDENT — 

to examine and license teachers 79 

to visit sch< o's 79 

to direct district board to repair school-hcjuses 79 

to declare school-house unfit for use 79 

to annul teacher's certificate 72, 79, 83 

to report to county board of supervisors and state sup rintendent 

annually 79, 92 

to transmit to state superintendent names and post-oflUces of town 

clerks 79 

to hold teachers' institutes 79 

to divide his county into inspection districts 80 

to notify district clerks of time and place of meeting for exam- 
ination of teachers 80 

to hold two meetings for examination of teachers in each in- 
spection district annually 80 

may give applicant private examination 80 

to give county treasurer statement of number of children in bis 

county over 4 au'i under 20 years of age 92 

may annul teacher's certificate 72, 79, 83 

to give notice of intention to annul certificate 73 

to file notice of annulment with (own and district clerk. ...... 72 

to give person appealing from his refusal to grant a certificate, 

his reasons for such refusal 72 

not to act as aaent for author, publisher, or book seller i . . 121 

COUNTY TREASURER — 

to apply to state treasurer for school money apportioned by state 

superintendent 138 

to give notice to town and city treasurers 138 

how to dispose of moneys uncalled for 139 



D. 
DEBTS— / 

of school-district, tax may be voted for 34 

of extinguished district, how paid . 13 

DECISION — 

of district meeting, town supervisors, etc., may be appealed from 114 
of state supei intendeut to be final 151 



181 

DEED— Page, 

district board may execute 46 

DICTIONARY — 

Webster's, to be furnished to school-districts 123 

DIRECTOR — 

when to be elected 27 

term of office 43 

to call special district meetings in certain cases 16 

to countersign orders on treasurer 62 

to prosecute district treasurer 63 

to demand" additional secnrity of treasurer 63 

to prosecute for non attendance at school 60 

DISTRIBUTION — 

of income of school fund 136 

DISTRICT — 

(See school-districts.) 

DISTRICT BOARD — 

who shall constitute it 44 

legal meeting of 44 

to fill any vacancy in their own number 45 

to purchase or lease site for school-house. 46 

to build school-house . . 46 

to sell school-house or site ........... . 46 

to have the care of school-house, etc 48 

to provide appendages for school-house 48 

to keep school-house in repair 48 

to purchase apparatus, record books, blanks, etc. . 49 

to present account of expenses incurred to district meeting 4& 

may purchase school books for children whose parents are un- 
able to furnish them 49' 

to levy school tax in certnin cases 51 

to hire teachers 53 

may make rules for the government of the district school 55 

may suspend or expel pupils 55 

have power to adopt text-books 57 

to visit and supervise schools .................. 58 

to ascertain what children do not attend school 60 

to furnish sucli children text-books ..... ..... ........ 60 

DISTRICT CLERK — 

to include moneys due new districts in statement of tax made to 

town clerk 10 

to give notice of district meeting 15 

to call special meetings . • 16 

to demand additional security of treasurer. .... 63 

to report name and post-office of district officers to town clerk. . 65 
to keep a record of proceedings of district meetings and of dis- 
trict board 65 

to draw orders on district treasurer. 66 

to furnish register for use of teacher 66 

to make report to town clerk 88 

to certify district taxes to town clerk 96 

to subscribe for Journal of Education 123 

DISTRICT LIBRARY- 

tax may be voted for 35 

to be vested in the district board 104 

of adjoining districts may be united. ... 104 

to be in charge of librarian 104 

regulations concerning 104, 105 



183 



DISTRICT MEETING— Page. 

first one, how notified 2 

annual, when held 14 

annual, notice for, how given 15 

special, how called 16 

to be called by town supervisors in certain cases 3 

DISTRICT PROPERTY — 

maybe sold 34,46 

board to have the care of 48 

how divided on division of district 10 

DISTRICT TAXES — 

assessment and collection 95-97 

DISTRICT TREASURER — 

when elected 41 

term of oflBice 41 

to call special district meetings in certain cases 16 

to execute and file bond 63 

to give additional security when demanded by director and clerk 63 

to receive and pay out moneys 64 

to keep a book and make a report 64 

to hand over to successor, moneys, papers, etc 64 

to prosecute town treasurer 65 

DIVISION — 

of school-districts 8-10 

of proper ty 10 

of ioiut libraries 104 

DUTIES — 

of town clerk and treasurer 93 



E. 

EDUCATION — 

compulsory 59 

constitutional provisions in relation thereto 152 

of children maintained at public charge 124 

ELECTION — 

of school officers 27, 41 

of state superintendent 150 

ELECTORS OF A SCHOOL-DISTRICT — 

to assemble at first district meeting 3, 4 

their powers at first or annual meeting 22-41 

EMBEZZLEMENT — 

what constitutes ... 65 

punishment for 65 

EQUALIZATION OF TAXES — 

by town board of assessors 96 

ESTABLISHMENT — 

of school house sites 101 

of free high schools 109 



183 



EXAMINATION OF TEACHEKS— Page. 

in what branches to be instituted 69 

meetings for, how notified, and when held 80 

private, granted in certain cases •,,.•... 80 

for teachers' state certificates 73 

as principals of free high schools ... 113 

EXPENDITURES — 

of district board, how allowed 49 

EXPULSION — 

of scholars from school .................... 55 



F. 
FEE — 

for tuition of non-resident pupils 37 

may be remitted to residents over twenty. 55 

FINES, FORFEITURES, Etc.— 

for refusal to notify first meeting in new district 121 

for refusal to act as chairman of district meeting. ............. 121 

for refusal of district ofiicer to serve 121 

for negUct of duty by district ofiicer. 121 

for neglect of officer to deliver records, papers, etc., to his sue- 

cessor . 121 

imposed on district clerk for neglecting to make report. ....... 121 

for neglect of town clerk to make report to county superinten- 

dent ...;•• 121 

for refusal of town supei visors to carry into eifect any decision 

of state superintendtnt ... 122 

for neglect of county superintendent to make annual report. . . . 121 

for neglect of teacher to keep register 78 

for drawing order for any purpose not authorized by law. ...... 123 

for countersigning such order 122 

any elector authorized to prosecute for, in certain cases.. ....... 122 

for school officers and teachers acting as book agents 132 

FORMATION — 

of school-districts 1-4 

of joint districts 4 

of free high school-districts 109-110 

of township districts .. .. .... 125 

FORMS — 

to be furnished officers 93 

of affidavits in appeal cases 116, 117 

of notice of appeal by teacher 120 

of order organizing new district. 154 

of order organizing joint district 156 

of notice for first meeting of town supervisors 154 

of notice for first meeting to be left at residence of voter 155 

of return of notice for first meeting 155 

of notice by supervisors for meeting when there is no officer to 

call one 155 

of acceptance of district office 156 

of notice of meeting to alter district boundaries 156 

of order altering district boundaries 157 

o^ consent to order of alteration 157 

of awarding property to new district 157 



184 



FORMS — continued. Page, 

of notice for annual meeting 158 

of notice for adjourned district meeting 158 

of request for special district meeting 158 

of notice of special district meeting 159 

of notice to officers of election 159 

of refusal to accept district office 159 

of refusal to accept office on appointment 160 

of appointment to vacancy in district board 160 

of deed of school-house site 161 

of lease of school-house site 161 

of cont' act between district and teacher 163 

of bond of district treasurer 162 

of call on treasurer for additional security 163 

of order on treasurer 163 

of set ool register to be kept by teacher 164 

of notice of apportionment by town clerk 165 

of certificate of town treasurer to town clerk 166 

of report of names and post-office address of district clerks 166 

of statement by district clerk of tax voted 167 

of statement by district clerks of tax voted by joint districts. . . . 168 

of determination of relative proportion of taxes in joint district 167 

of application for establishment of school-house site 168 

of certificate that notice of meeting to establish sitehas been given 169 

of notice for meeting of supervisors to locate school-house site. . 169 

of certificate of establishment of school-house sit-. , . 169 

of certificate of vacancy in county superintendent's office. 170 

of notice of division of county, and consequent vacancy 170 

of statement of number of school children in a county 170 

of notice of intention to annul teachers certificat'3 171 

of annulment of teachers certificate and notice to town clerk . . . 171 

of application for dictionary 172-174 

of application for map. 175 

of resolution proposing establishment of high school 175 

of notice that the foregoing resolution will be submitted to vote 175 

of petition lor submittine question of town system of schools .. 176 

of notice that the foregoing question will be submitted 176 

FREE HIGH SCHOOLS — 

how established and supported 109-114 

free to all resident pupils 112 

examination for admission to 112 

principals of, when to be examined 112 

G. 

GOVERNMENT OF SCHOOLS — 

rules and regulations for, to be made by district board 55 

town system of, provided for 125 

H. 

HOLIDAYS — 

what days are legal 90 

I. 

INCOME OF SCHOOL FUND — 

to what shall be applied 152 

how to be distributed 136 

when to be apporticmed 136 

to be applied by districts to payment of teachers' wages 138 

county treasurer to apply for 138 



185 

INSTITUTE — Page. 

teachers' to be held by each county superintendent. 79, 86 

J. 

JOINT DISTRICT — 

How formed, or altered 4 

JOURNAL OF EDUCATION — 

school officers may subscribe for 123 

JUDGMENTS — 

against school-districts, how collected , 108 

no execution to issue on. 108 



L. 

LEASE — 

district board may may lease house or site 40 

LIABILITIES — 

tax may be voted to discharge. 34 

LIBRARIAN — 

of district library, who may be 104 

of joint libraries, how appointed 104 

his duties 104-107 

LIBRARY — 

of district, amount of tax for 35 

title to be vested ia district board. 104 

of two or more adjoining districts may be united ... 104 

regulations concerning 104, 107 

town, law for establishing 107 

LIMIT — 

to school-district taxes 35 , 36 

LOAN — 

district may make upon unusual exigency 98 

district may make, to build school-house 98 

from the trust funds, how made 99 



M. 

MAP — 

town clerk to make and keep in his office 93 

to accompany appeals , 116 

of Wisconsin, sold by state superintendent .... 123 

MAPS — 

money to purchase may be raised ... 34 

MISCELLANEOUS LAWS — 

sundry 121 



186 



MONEYS— Page. 

not to be apportioned to counties failing to raise amount re- 
quired by law 136 

due new districts, how raised 10 

to be paid to individuals in certain cases ... 10 

of extinguished districts, how disposed of 18 

may be voted by school-districts 29-40 

collected of defaulting treasurer, how applied 68 

not to be apportioned to districts which have not maintained 

school five months 136 

not called for in one year, to be re-apportioned 139 

collected from town clerk and county superintendent, how ap- 
portioned 131 

collected on forfeitures, how applied 123 

MONTH — 

number of days in 139 

teacher's '. . . , 77 

K 

NOTICE — 

of apportionment to be given to clerk of board of supervisors 

by state superintendent 137 

for first meeting of school-district 3 

in case of neglect of inhabitants to assemble 3 

for meeting of supervisors to alter school-district 7 

of alteration of school-districts 8 

of alteration of joint school-districts 5 

of annual district meeting 15 

for special district meeting 16 

for meeting of supervisors to establish school-house site 101 

for teachers' examination 80 

NORMAL SCHOOLS — 

laws respecting 14i 

0. 
OATH — 

administered to challenged voter 19 

OFFICERS — 

of school districts 41 

women eligible to be 124 

of free high school-districts 110 

ORDERS — 

director to countersign 63 

treasurer to pay money on 63 

clerk to draw 66 

ORGANIZATION — 

of a school district 6 

of free high schools 109-115 



P. 
PARENTS, GUARDIANS, etc- 

required to send children to school 59 



187 

PENALTIES — 

(See " fines and forfeitures.") 

POWERS— Page. 

corporate, of a district 6 

of a district meeting 23, 41 

of a special meeting 16 

of a school board 44-59 

PROPERTY — 

of a district to be in care of board 48 

division of, when new district is formed 10 

personal, assessment of. 95 

PROSECUTION — 

of actions against school officers 62, 65,95 

PUPILS — 

may be suspended or expelled 55 

Q. 

QUALIFICATIONS — 

of voters , 17-21 

of teachers, how determined 69-77 

E. 

HEAL ESTATE — 

districts may hold 6 

taxes on, how assessed and collected 96 

valuation of, how equalized in joint districts 96 

RECORDS— 

of school-district to be kept by clerk 65,66 

REGISTER— 

to be furnished teacher by district clerk 66 

what to contain, etc , 78 

neglect to keep, forfeits wages 78 

REGULATIONS AND RULES — 

district board to make. ^..,. 55 

prescribed by state superintendent for libraries 104 

relating to appeals 115-120 

REMOVAL — 

of district officers by county judge, 123 

REPAIRS OF SCHOOL-HOUSES 

tax to be voted for 29 

district board to attend to 48 

couQty superintendent to direct 79 

REPORT — 

of district treasurer 69 

of district clerk 88 

of clerk of joint district 88 

of town clerk 91 

of county superiDtendent 92 

of city superintendent or clerk 93 

of state superintendent 151 



188 

RESIDENCE — Page. 

of voter, how determined 18,19 

of children •• • 88, 8& 

RULES — 

may be made by district board 55 

respecting appeals ^ 115-120 

s. 

BA.LA.RY — 

of district clerii provided for. ... ; 40 

SCHOLARS — 

age of, to attend school free 152 

maybe admitted from other districts 37 

may be suspended or expelled 55 

residence of 88, 89 

SCHOOL BOOKS— 

state superintendent to recommend 57,150 

kind of, used to be reported 88 

district board may purchase for indigent puoils 49, 60 

district b(iard may determine what kinds shall be used 57 

districts may authorize board to purchase 38 

city and village boards of education may adopt 124 

these boards may purchase , 124 

SCHOO L-DISTRICTS — 

how formed 1,4 

to consist of contiguous territory 1 

not to be altered, if in debt 1 

size of 1 

notice for first meeting of. 3 

organization, how restored 3 

when to be considered organized 5 

officers of, to file written acceptance of office 5 

corporate powers of 6 

to be bodies corporate 6 

contracts with 6 

qualification of voters in 17-22 

alteration of 7-9 

alteration of, not to take effect for three months, in certain cases 8 
not to be changed between 1st day of December and 1st day of 

April following 8 

joint, how formed 4 

officers of 41-44 

powers of 22-41 

extinguishment of 7,12 

annua? meeting of, when held 14 

notice for annual meeting of, how given 15 

may borrow money 36, 98, 99 

judgment against, how collected 108 

SCHOOL FUND INCOME — 

(See Income of School Fund.) 

SCHOOL-HOUSES — 

site of, how designated and established 28, 101 

tax to build, how limited 29 

may be sold 34, 46 



1 



189 

SCHOOL-HOUSES — continued. 

district board to have the care of o.,.,, , 48 

district board to provide appendages for .....,...,., 48 

district board to repair. ......<,.. 48 

repairs on, may be ordered by county superintendent .......... 79 

may be declared unfit for use 79 

SECTARIAN INSTRUCTION — 

not allowed in district schools 153 

SITE OP SCHOOL-HOUSE — 

how designated 28 

how established in certain cases 101 

what lands may not be taken for. ............... 103 

SCHOOL rUND — 

how formed 152 

distribution ot income of. 136 

SPECIAL DISTRICT MEETING — 

notice for, how given.. , ... 16 

how called ... 16 

tax or loan voted at, how collected ........................... 97 

STATE CERTIFICATES — 

provided for , 72-77 

limited 73 

diplomas of graduates of state normal schools, state university, 

and other colleges, when countersigned become 75, 76 

STATE SUPERINTENDENT — 

to apportion income of school fund 136 

to certity apportionment of school fund income. 136 

not to apportion money in certain cases 136 

to decide appeals. II4 

to furnish school officers with blanks for their annual reports. . 78 

to furnish amendments of school law to districts ............... 79 

STUDIES — 

to be taught in school 67 

in which applicants for certificates are to be examined 69-77 

in which principals of free high schools are examined. 112 

SUIT — 

district to give direction for prosecution or defense of 41 

against district, director to defend 63 

SUPERVISORS — 

(See town board of supervisors, and county board of supervisors.) 

T. 

TAXES — 

to be raised by towns and cities for support of schools. ........ 136 

to raise money due new districts, how assessed 10 

for school. house and site, limitation of 29 

for payment of teachers' wages. 33 

to pay district indebtedness '...!! 34 

for the purchase of maps, charts, and apparatus ...'.'.'. 34 

for district library 34 



190 



TAXES — (continued). Page^ 

not to be voted at special meeting unless three-fourths of the 

legal voters are notified of the meeting 16 

general district, how assessed and collected 95--97 

special district, how collected 97 

school-district, on what property to be assessed 95-97 

to pay judgment against district, how assessed and collected. . . 108 

deficiency in levy to be maie up 136 

total amount that may be levied by school-district 35 

TEACHER3— 

tax for wages of limited 3B 

to keep register 78 

to report to district board and county superintendent 78 

to be examined and licensed 69 

to forfeit wages for neglect to keep register 78 

TEACHERS' INSTITUTES — 

to be held by county superintendent 79, 86 

expenses of, how provided for 147 

TERMS — 

of school may be fixed by vote of district 39 

TEXT-BOOKS — 

district may authorize board to purchase 38 

district board to select 57 

to make list of, file it with the clerk, and pnst it in the school room 58 

list of, adopted not to be changed for three years 58,124 

penalty for changing: the list of, adopted 122 

adopted by city and village boards of education 124 

purchased by these boards on what conditions 124 

laws relating to 38, 58, 122. 124, 150 

TOWN BOARD OF DIRECTORS — 

provided for 125 

powers of 125-1S3 

TOWN BOARD OF SUPERVISORS — 

to form and alter school-districts 4 1,4 

to issue notice for first meeting of 2 

to call meeting in district having no officers to call same 3 

to ascertain and determine the amount of property due new dis- 
trict 10 

to dispose of property of extinguished districts 12 

to locate and establish school-house sites 101 

to be fined for refusal to carry into efiect any decision of state 

superintendent 122 

TOWN CLERK — 

to fill vacancy in district board 45 

to make a report to county superintendent 91 

to see that d istrict clerks make correct reports 93 

to file reports and papers 93 

to record description of school-districts 93 

to make a map of town 93 

to report name and post-office of himself and of district clerks to 

county superintendent 93 

to apportion school moneys 94, 138 



191 



TOWN CLERK — continued. Page- 

to reapportion moneys not called for in a year 139' 

to assess district taxes 97 

to assess tax to pay judgment against school-district 108 

TOWN TREASURER — 

to receive and pay out school money 94 

to certify to town clerk amount of school money in his hands. . 94 

to certify amounts paid by him to districts previous year. ...... 94 

to prosecute county treasurer. „ . . . . ..,...,. 95' 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT — 

provided for . . , , , 123-133 

advantages of , , , 133-13& 

TRANSFER — 

of deficiency in county school tax 136 , 13T 

TRUST FUNDS — 

loans may be made from ....,,,.... 99 

u. 

UNIVERSITY — 

of the state provided for , 140 

laws in relation to 140-143 

Y. 

VACANCY — 

in district board, how filled 45- 

how may occur......... 45 

VALUATION — 

of property in joint districts, to be equalized by town assessors, 91 

VISITING SCHOOLS — 

required of school officers 58, 79 , 84 

VOTERS — 

who may be ........ 17 , 18 



w. 

WAGES OF TEACHERS — 

tax voted to pay 33 

to be specified in contract 52 

public money to be applied in payment of 138 

when forfeited ."..... 78 

WEBSTER'S DICTIONARY — 

how distributed , 123 

forms of application for. 172 

WOMEN — 

eligible as school officers 124 



( ' 



LIBRARY OF CONGRESS \ 



019 748 540 1 




